Administrative Law: Bureaucracy in a Democracy (6th Edition)


Download Administrative Law: Bureaucracy in a Democracy (6th Edition) written by Daniel E. Hall in PDF format. This book is under the category Law and bearing the isbn/isbn13 number 133493873/9780133493870. You may reffer the table below for additional details of the book.

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Administrative Law: Bureaucracy in a Democracy; 6th Edition; covers the procedural and constitutional dimensions of governmental agencies; including delegation; freedom of information; adjudications; rulemaking; investigations; liabilities of governments and their employees; judicial review; and other considerations; such as the concept of fairness. Instructor resources (sold separately) include an Instructor’s Manual; PowerPoint lecture slides; and a Test Bank.

Teaching and Learning Experience:

  • Examines administrative law in the context of accountability and the prevention of abuse
  • Provides practical knowledge of administrative agencies and the laws that govern their behavior
  • Assists students in critical thinking and case analysis by including case excerpts

NOTE: This is the (PDF) eBook of the printed book and may not include any media; website access codes; or print supplements that may come packaged with the bound paper book.

Additional information


Daniel E. Hall


Pearson; 6th edition




480 pages









Table of contents

Table of contents :
Title Page
Copyright Page
About the Author
CHAPTER 1 Introduction
1.1 Administrative Law Defined
1.2 Sources of Administrative Law
1.2(a) Constitution
1.2(b) Enabling Laws
1.2(c) Administrative Procedure Act
1.2(d) Executive Orders, Proclamations, and Signing Statements
1.3 Administrative Agencies
1.3(a) The Need for Agencies
1.3(b) Types of Agencies
1.3(c) The History and Size of the Bureaucracy
1.3(d) The Impact of Agencies on Daily Life
1.4 Conclusion
CHAPTER 2 Bureaucracy and Democracy
2.1 Democracy and Accountability
2.1(a) Democracy Defined
2.1(b) Federalism
United States v. Morrison
Gonzales v. Oregon
National Federation of Independent Business v. Sebelius
Preston v. Ferrer
American Trucking Associations, Inc. v. Michigan Public Service Comm’n
2.1(c) Separation of Powers
2.2 Controlling the Bureaucracy
2.2(a) Bureaucracy Defined
2.2(b) Presidential Control
Free Enterprise Fund v. Public Corporation Accounting Oversight Board
Clinton v. City of New York
2.2(c) Congressional Control
INS v. Chadha
2.2(d) Judicial Control
2.3 Conclusion
CHAPTER 3 Agency Discretion
3.1 Introduction
3.2 Detriments and Benefits of Discretion
3.3 Limits on Agency Discretion
3.4 Examples of Agency Discretion
3.4(a) Prosecutorial Discretion
General Motors v. Federal Energy Regulatory Commission
3.4(b) Rulemaking and Policy Discretion
Gonzalez v. Reno
3.4(c) Claims and Applications Decisions
3.4(d) Protective Action
Brock v. Roadway Express, Inc.
3.4(e) Tests and Inspections Generally
3.4(f) Advisory Opinions and Declaratory Orders
3.4(g) Mediation and Arbitration
3.4(h) Other Action
3.5 Conclusion
CHAPTER 4 The Requirement of Fairness
4.1 Due Process in General
4.2 Protected Interests
4.2(a) Life
4.2(b) Liberty
4.2(c) Property
Perry v. Sindermann
Garcetti v. Ceballos
Goss v. Lopez
4.3 Cost-Benefit Analysis
4.4 Notice
4.5 Hearings
4.5(a) Where
4.5(b) What
4.5(c) When
Goldberg v. Kelly
Gilbert v. Homar
Ingraham v. Wright
4.5(d) Counsel
4.6 Equal Protection
4.6(a) The Tests
Romer v. Evans
FSK Drug Corp. v. Perales
4.6(b) Affirmative Action and Diversity
Grutter v. Bollinger
Gratz v. Bollinger
4.6(c) Fifteenth Amendment
Rice v. Cayetano
Dixon v. Love
4.7 Conclusion
CHAPTER 5 Delegation
5.1 What Is Delegation?
5.2 Delegating Legislative Authority
United States v. Grimaud
Panama Refining Co. v. Ryan
5.3 The Delegation Doctrine Today
Touby v. United States
Whitman v. American Trucking Associations
5.4 Delegating Judicial Authority
South Dakota v. Department of Interior
5.5 Delegating to Private Agencies
Foley v. Osborne Court Condominium
5.6 Delegation and Criminal Law
5.7 Arrest and Detention
5.8 Conclusion
CHAPTER 6 Agency Rulemaking
6.1 In General
6.2 Rulemaking and Adjudication Defined
6.3 The Volume of Rules
6.4 Types of Rules
6.5 Rulemaking Procedure
6.5(a) Formal Rulemaking
United States v. Florida East Coast Railroad
6.5(b) Informal Rulemaking
6.5(c) Beyond the APA’s Requirements: Hybrid Rulemaking
6.5(d) Exempted Rulemaking
6.5(e) Negotiated Rulemaking
Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council
6.5(f) Advisory Committees
6.6 Ratemaking
6.7 Taxation and Revenues
6.8 Controlling Rulemaking Authority
FDA v. Brown & Williamson
6.9 Conclusion
CHAPTER 7 Agency Investigations and Information Collection
7.1 Acquiring Information
7.2 Recordkeeping and Reporting
United States v. Morton Salt Co.
7.2(a) Fifth Amendment Aspects
7.2(b) Immunity
7.3 Inspections, Tests, and Searches
7.3(a) Fourth Amendment Aspects
Camera v. Municipal Court
7.3(b) Drug, Alcohol, AIDS, and DNA Testing
Skinner v. Railway Labor Executive Ass’n
Vernonia School District v. Acton
7.3(c) Closely Regulated Businesses
Donovan v. Dewey
7.4 Subpoenas
7.4(a) Enforcement of Subpoenas
7.5 Parallel Proceedings
7.6 Paperwork Reduction Act
7.7 Conclusion
CHAPTER 8 Formal Adjudications
8.1 In General
8.2 Notice
8.3 Parties and Participation
8.3(a) Parties in Interest and Intervention
Ashbacker Radio Corp. v. Federal Communications Commission
8.3(b) Other Methods of Participation
8.4 Discovery
8.5 Prehearing Conference
8.6 Prehearing Settlement and Alternative Dispute Resolution
8.7 The Hearing
8.7(a) Evidence Admissibility
Richardson v. Perales
Immigration & Naturalization Service v. Lopez-Mendoza
8.7(b) Burdens
8.7(c) Standards
8.7(d) Administrative Law Judges
Steadman v. United States
Woodby v. Immigration & Naturalization Service
Abruzzo v. Social Security Administration
Gibson v. Berryhill
8.7(e) Counsel and Attorney Fees
8.7(f) The Decision
8.7(g) Observing an Administrative Hearing
Administrative hearing record
8.8 License Cases
8.9 Conclusion
CHAPTER 9 Accountability through Reviewability
9.1 In General
9.2 Sources of Review Authority
9.2(a) Statutory
9.2(b) Nonstatutory
9.3 Agency Discretion
Heckler v. Chaney
Lincoln v. Vigil
9.4 Standing
Association of Data Processing Service Organizations v. Camp
Clapper v. Amnesty International USA
9.4(a) Citizen and Taxpayer
Federal Election Commission v. Akins
9.4(b) Qui Tam Actions
9.4(c) Environmental Cases
Sierra Club v. Morton
9.4(d) Competitor
9.4(e) Consumer
9.4(f) Statutory
9.4(g) Constitutional
9.5 Timing of Review
9.5(a) Primary Jurisdiction
9.5(b) Exhaustion of Administrative Remedies
9.5(c) Ripeness
Woodford et al. v. NGO
Sackett v. EPA
Mckart v. United States
9.6 Scope and Standards of Review
9.6(a) Standard One: De Novo
9.6(b) Standard Two: Substantial Evidence
9.6(c) Standard Three: Arbitrary, Capricious, Abuse of Discretion
Federal Communications Commission v. Fox
Massachusetts, et al. v. EPA
9.6(d) Issues of Law
Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc.
City of Arlington v. Federal Communications Commission U.S. Supreme Court
9.6(e) Issues of Fact
9.6(f) Mixed Questions of Law and Fact
9.6(g) Issues of Discretion
9.6(h) Failure to Raise Issues
9.6(i) Alternative Rationale
9.7 Review of Rules
9.8 Common Law Doctrines
9.8(a) Res Judicata
9.8(b) Collateral Estoppel
9.8(c) Application to the Government
9.8(d) Equitable Estoppel
Schweiker v. Hansen
9.8(e) Laches
9.9 Conclusion
CHAPTER 10 Accountability through Accessibility
10.1 Introduction
10.2 Freedom of Information Act
10.2(a) Publication Requirement
10.2(b) Inspection and Copying Requirement
10.2(c) Production upon Request Requirement
10.2(d) FOIA as Discovery
10.2(e) Fees and Waivers
10.2(f) Exemptions
Milner v. Department of Navy 562 U.S.
United States Department of Defense v. Federal Labor Relations Authority 510 U.S. 487
National Archives & Records Administration v. Favish 541 U.S. 157
10.2(g) Judicial Review and Remedies
10.2(h) Congressional Monitoring
10.3 Privacy Act
10.3(a) Collection of Information
10.3(b) Maintaining Records, Publication, and Rules
10.3(c) Disclosure of Records
10.3(d) Relationship of FOIA and Privacy Act
10.3(e) Individual Access
10.3(f) Amending Records
10.3(g) Judicial Review and Remedies
Ray v. Turner 587 F.2d 1187
10.3(h) Congressional Monitoring
10.4 Government in the Sunshine Act
10.4(a) Exemptions
10.4(b) Judicial Review and Remedies
10.4(c) Congressional Monitoring
10.5 Federal Advisory Committee Act
10.6 Trade Secrets Act
10.7 Privatization and the Public’s Right to Know
10.8 Conclusion
Forsham v. Harris
CHAPTER 11 Accountability through Liability
11.1 Introduction
11.2 Sovereign Immunity
11.3 Federal Tort Claims Act and Its Exceptions
11.3(a) Executive Functions
11.3(b) Intentional Torts
11.3(c) Discretionary Function Doctrine
Bowers v. City of Chattanooga
11.3(d) Scope of Employment
11.3(e) Public Duty Doctrine
Kirk v. City of Shawnee
11.3(f) Damages and Other Limitations
11.4 Federal Employee Reform and Tort Compensation Act
11.5 Section 1983 Actions
11.5(a) Plaintiffs and Defendants
Monell v. Department of Social Services
11.5(b) Deprivation and Color of Law
County of Sacramento v. Lewis
11.5(c) Remedies, Fees, and Costs
11.5(d) Procedure
Smith v. Wade
11.5(e) Immunities
Harlow v. Fitzgerald
Filarsky v. Delia
11.6 Constitutional Claims
Bivens v. Six Unknown Agents
Hui v. Castaneda
Vance v. Rumsfeld
11.7 Common Law Torts and Official Immunity
Strothman v. Gefreh
11.8 Tucker Act
United States v. Navajo Nation
11.9 Ethical Expectations and Liability
11.10 Private Parties as Government Actors
11.11 Other Constitutional Issues: Takings and Free Speech
11.12 Conclusion
Appendix A: Constitution of the United States of America
Appendix B: Administrative Procedure Act (5 U.S.C. §551 et seq.) Excerpts
Appendix C: Selected Executive Orders

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