Administrative Law, Winter/Spring 2003

Chapter 1. Introduction – 1

§ 1.1 Administrative Agencies and Administrative Law – 1

What are two core agency functions?

§ 1.2 Reasons for Studying Administrative Law – 2

How is Administrative law different from first year courses?

Not litigation oriented, although litigation is important

Must learn to work with the agencies through time.

§ 1.3 State and Federal Administrative Law – 2

Key Differences

No separation of powers

Often multiple executives - AG and Governor

Some unicameral legislatures

Many states do not defer as much to agency

LA really limits agency power

§ 1.4 Administrative Procedure Arts – 3

Why is the New Deal important in administrative law?

What is an APA?

When was the Federal APA passed?

How long did it take to pass it?

Who opposed it and why?

Why was it passed?

Does the APA completely define the procedures for every agency?

When does the APA control?

What state agencies are usually not covered by an APA?

§ 1.5 A Snapshot of the Administrative Process – 5

How might an agency use research and publicity to influence a regulated industry?

Why does Congress give rulemaking power to agencies?

What is the legal effect of a rule or regulation (they are the same)?

How does a federal agency promulgate a rule?

What is a license, why are they useful, and what are some examples?

What is a permit, why are they useful, and what are some examples?

How can regulated parties use licenses and permits to their own advantage?

How does a clearance system differ from a permit system?

How does an adjudication differ from a rulemaking?

What is the oversight process for federal agency rules?

How is oversight different in some states?

Why can't Congress veto rules?

§ 1.6 Costs and benefits of Administrative Procedure and Procedural Reform – 10

What is the alternative to agency regulation?

What is the balance between tort and compensation law and agency regulation - think about OSHA.

What is agency capture and how can it be avoided?

§ 1.7 Agency and Administrative Law – 11

Why do public choice scholars dislike agencies?

What are examples of such special interest deals?

How does the civic republican model of agencies differ from the pluralist model?

Give an example where the models have different results

How can the civic republican model lead to trouble?

How does the procedural regularity model solve these problems?

§ 1.8 Problem – 16 (virus that protects against plants freezing)

Assume this would let you grow oranges in LA

Industry wants to test it, the citizens are scared, Jeremy Rifkin is going to picket, and you really do not know the risks, but it might really help.

How do you set up an agency process to deal with the problem?

What are the political issues you have to balance?