This comprehensive, up-to-date text covers the constitutional and procedural dimensions of governmental agencies, including delegation, rulemaking, adjudications, investigations, freedom of information, liabilities of governments and their employees, judicial review, and other considerations, including fairness. Written to challenge students without overwhelming them, this flexible text can be adapted for widely diverse settings. ADMINISTRATIVE LAW: BUREAUCRACY IN A DEMOCRACY, 5/e reflects recent U.S. Supreme Court decisions concerning preemption, official and sovereign immunity, Bivens actions, standing, and the commerce clause; adds the timely F.C.C. v. Fox case to illuminate the “arbitrary and capricious” standard for agency rulemaking; and discusses the ongoing constitutional challenges to healthcare reform.
Table of Contents
2. Bureaucracy and Democracy
3. Agency Discretion
4. The Requirement of Fairness
6. Agency Rulemaking
7. Agency Investigations and Information Collection
8. Formal Adjudications
9. Accountability through Reviewability
10. Accountability through Accessibility
11. Accountability through Liability
Appendix A. Constitution of the United States of America
Appendix B. Administrative Procedure Act (5 U.S.C. §551 et seq.)
Appendix C. Selected Executive Orders
Appendix D. Researching Administrative Law Issues
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