Compare and contrast federal court procedure with federal agency procedure as to source of rules and uniformity of rules.
What is the value of due process in agency law, beyond issues of individual rights?
Are there a lot of constitutionally-based due process cases against agencies?
Why not, and why is the constitutional limit still important?
What is the traditional 2 part test for constitutional due process in the agency context?
Why are the court reluctant to impose restrictive due process requirements on agencies?
Discuss the old property right privilege distinction as regards due process.
Discuss the new property.
What is the importance of Goldberg v. Kelly and what are the Goldberg rights?
How does Mathews v. Eldridge modify Goldberg?
What does Memphis Light, Gas, and Water tell us?
Contrast Roth and Sinderman
Why did the court reject the property right argument in Colson v. Sillman?
What is the Personal Responsibility and Work Opportunity Act and how does it affect the Goldberg rights?
What is included in the modern notion of a liberty interest?
Contrast Wisconsin v. Constantineau with Paul v. Davis.
Discuss Londoner v. Denver and Bi-metallic v. State Board of Equalization and what they tell us about due process rights.
How are these principles further elucidated in Anaconda v. Ruckelshaus and the Airline Pilots case?
How do due process considerations differ for adjudicative versus legislative facts?
Why do courts like rulemaking rather than adjudication for general rules? (hint - 5 factors)
So why do agencies still choose adjudication?
What does National Petroleum Refiners v. FTC tell us about rule making and why is it relevant to the tobacco case?
How is NLRB v. Bell Aerospace relevant to the tobacco case?
What are the judicial incentives to use rulemaking?
What are the elements of a formal adjudication?
Why do agencies hate formal adjudication?
When does the agency have to do a formal adjudication (be specific about case law).
Compare and contrast ALJs, AJs, and Art. III judges. Be specific.
How do the rules of evidence apply at agency proceedings?
What does Seacoast tell us about the record?
What are interpretive rules, what are the limitations, and why do agencies use them?
What is the four part test from American Mining Congress v. MSHA?
What is a general statement of policy and what does PG&E v. Federal Power Commission tell us about them?
What are procedural rules and what does Pickus v. US Parole Board tell us?
What is a good cause exception and how is it developed in Nader v. Sawhill and Mid-Tex v. FERC?
Compare and contrast formal and informal rulemaking.
What does US v. Florida East Coast Ry. Co. tell us about the United States Supreme Court's views on hearings and how does Londoner/Bi-metallic fit in?
Explain the notice and comment process, touching on Wagner Electric v. Volpe, South Terminal v. EPA, and Portland Cement v. Ruckelshaus.
What is the standard for courts reviewing the "statement and purpose" of a rule and why has this become a problem - use Motor Vehicle Manufacturers Association v. State Farm as an example.
Explain the role of the OMB in executive control of rulemaking.
What is the biggest disincentive to rulemaking?
What is negotiated rulemaking and what are its practical limitations?
How can an agency use rules to limit adjudications - Storer Broadcasting.
Must agencies provide exceptions to rules?
What was the due process issues in Vermont Yankee?
Explain, with examples, informal adjudication.
What is prosectorial discretion for agencies?
What do Dunlop v. Bachowski and Moog tell use about this?
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