Gellhorn and Byse's Administrative Law - Cases and Comments University Casebook Series - Peter L. Strauss ^ Todd Rakoff ^ Roy A. Schotland ^ Cynthia R. Farina - Ninth - 1995 - Hardcover - The Foundation Press, INC.

Gellhorn and Byse's Administrative Law - Cases and Comments University Casebook Series Hardcover

Preparing a preface for materials such as these, published in varying editions for more than half a century, would invite reflection on the continuing concerns and fluidity of Administrative Law even were we not writing at a time of tremendous ferment. And we are. As this book goes to press, the House and Senate are debating changes likely to have as large an impact on important agency rulemaking, as any since the enactment of the federal Administrative Procedure Act in 1946. Political changes, fiscal pressures and changes in management style that have already reshaped American industry combine to promise a significant downsizing of government and, with that, necessary changes in the ways in which government seeks its ends. And one marks also a certain cycling in the materials of this course. The Preface to the Eighth edition remarked on the surprising revival of separation of powers�the issue that dominated the first casebooks in our field; today, changes in judicial styles of statutory interpretation, responding in part to changes in Congress, suggest a return to the formalism that also characterized earlier times. The Ninth edition brings some old cases to bear on new issues, and new materials to illuminate issues that have long been important to this course; overall we intend to arm the student to understand the conventional framework of administrative law, to become acquainted with its institutions and the forces that influence them, and to face the changing future. In the intensely human and ultimately political business of striving for sound government, your editors do not suppose that movement will ever cease.

"Administrative Law" means different things to different people. In the setting of the law school course for which this book has been designed, the term refers to the body of largely procedural requirements resting upon administrative agencies which affect private interests through making rules, adjudicating cases, investigating, threatening, prosecuting, publicizing, disbursing benefits, and advising. The stress is chiefly on requirements that are judicially enforceable, and that therefore are the special domain of lawyers. Attention is also directed, however, to aspects of control over administrators exercised by the legislative and executive branches of the government. The most pervasive control of all�that is, self-control, reinforced by professional attitudes within the public service�is difficult to depict; but assuredly it must not be overlooked, for without it the external controls would be of small moment. And, since most agencies have attorneys, this self-control is also often of special concern to lawyers.

SUMMARY OF CONTENTS

PREFACE
ACKNOWLEDGEMENTS
TABLE OF CASES
TABLE OF TEXT AND PERIODICAL CITATIONS
TABLE OF STATUTES

CHAPTER I. AN INTRODUCTION TO ADMINISTRATIVE LAW
Section
1. The Development of an Administrative State
2. Shaping the Institutions of Government - Executive and Independent Agencies
3. A First Look at Agency Functioning
a. Executive Decision
b. Rulemaking
c. Adjudication
4. Agencies in the Web of Government

CHAPTER II. THE CONSTITUTIONAL FRAMEWORK FOR ADMINISTRATION Section
1. Constitutional Limits on the Powers Agencies Can Be Given?
a. Delegation of the Authority to Make Rules of Conduct
b. Delegation of Enforcement Authority
c. Delegation of the Authority to Resolve Disputes
2. The Place of Agencies in Government.
a. Issues of Constitutional Structure
i. Congressional Self-Aggrandizement
ii. Beyond the President's Reach? Encroachment
b. Agencies in the Web of Government
i. Informal Legislative Oversight
ii. The Inspector General A Bureaucratic Oversight Institution
iii. Presidential Supervision of Rulemaking

CHAPTER III. THE EXERCISE OF ADMINISTRATIVE POWER RULEMAKING AND ADJUDICATION
Section
1. he Fundamental Procedural Catagories of Administrative Action
a. The Constitution
b. The Fundamental Statute
2. The Procedural Categories in Action
a. Formal Adjudication as an Administrative Process
b. Informal Rulemaking as a Sui Generis Administrative Procedure
c. The Possible Requirement of More Formal Rulemaking Procedures
d. The Permissibility of Less Formal Adjudicatory Procedures
e. The Permissibility of Yet-More-Informal Rulemaking
f. Regulatory Alternative Dispute Resolution

and much, much More