Asimow, Bonfield and Levin's State and Federal Administrative Law, 2d (American Casebook Series®)

Ronald M Levin, Michael Asimow, Arthur E Bonfield

Book - hardbound
Copyright: 1998

Last Updated: 7/14/1998

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This book argues that significant intellectual and practical reasons require the integration of state and federal laws in the teaching of administrative law. Includes state law materials that are not satisfactorily raised, eliminated, or solved, by consideration of federal law alone. Helps ensure that students are equipped to function efficiently in the various state administrative processes as well as in the federal process.

Features

Defines the classifications of law
Examines common law, equity, and the development of the Anglo-American court system
Examines state administrative intellectual and practical problems and solutions
Explores logic and policy in legal reasoning
Identifies the fundamentals of statutory interpretation
Introduces the nature and functions of law
Reviews the ratio decidendi of a case

More Information

Table of Contents (PDF) »

Table of Authorities (PDF) »

Sample Pages (PDF) »

Index (PDF) »

Summary Of Contents

Summary of Contents (PDF) »

Preface To Second Edition
Preface To First Edition
Acknowledgments
Table Of Cases
Chapter
1. Introduction
  - § 1.1 Administrative Agencies and Administrative Law
  - § 1.2 Reasons for Studying Administrative Law
  - § 1.3 State and Federal Administrative Law
  - § 1.4 Administrative Procedure Acts
  - § 1.5 A Snapshot of the Administrative Process
  - § 1.6 Costs and Benefits of Administrative Procedure and Procedural Reform
  - § 1.7 Agency Legitimacy and Administrative Law
  - § 1.8 Problem
Part I. Agency Procedures
1. The Constitutional Right to a Hearing
  - § 2.1 Hearings and Welfare Termination: Due Process and Mass Justice
  - § 2.2 Interests Protected by Due Process: Liberty and Property
  - § 2.3 Timing of Trial–Type Hearings
  - § 2.4 Elements of a Hearing
  - § 2.5 The Rulemaking–Adjudication Distinction
2. Administrative Adjudication: Fundamental Problems
  - § 3.1 Statutory Rights to an Adjudicatory Hearing
  - § 3.2 Limiting the Issues to Which Hearing Rights Apply
  - § 3.3 The Conflict Between Institutional and Judicialized Decision– Making
  - § 3.4 Administrative Judges and Decisional Independence
3. The Process of Administrative Adjudication
  - § 4.1 The Pre–Hearing Phase: Notice, Investigation and Discovery
  - § 4.2 The Hearing Phase
  - § 4.3 The Decision Phase: Finding Facts and Stating Reasons
  - § 4.4 Effect of Decision: Res Judicata, Stare Decisis, Equitable Estoppel
4. Rulemaking Procedures
  - § 5.1 Introduction: The Importance of Rulemaking
  - § 5.2 Definition of "Rule"
  - § 5.3 Initiating Rulemaking Proceedings
  - § 5.4 Public Participation
  - § 5.5 Procedural Regularity in Rulemaking
  - § 5.6 Findings and Reasons
  - § 5.7 Issuance and Publication
  - § 5.8 Regulatory Analysis
  - § 5.9 Negotiated Rulemaking
5. Rules as Part of the Agency Policymaking Process
  - § 6.1 Exemptions From Rulemaking Procedure
  - § 6.2 Required Rulemaking
  - § 6.3 Rulemaking Petitions and Agency Agenda–Setting
  - § 6.4 Waivers of Rules
Part II. Nonjudicial Control of Agency Action
1. Control of Agencies by the Political Branches of Government
  - § 7.1 Introduction
  - § 7.2 Delegation of Legislative Power to Agencies
  - § 7.3 Narrowly Defining an Agency’s Authority to Avoid Constitutional Questions
  - § 7.4 Delegation of Adjudicatory Power to Agencies
  - § 7.5 Rationale for Legislative and Executive Review of Agency Action
  - § 7.6 Legislative Controls
  - § 7.7 Executive Control: Personnel Decisions
  - § 7.8 Executive Oversight
2. Freedom of Information and Other Open Government Laws
  - § 8.1 Freedom of Information
  - § 8.2 The Sunshine and Advisory Committee Acts
Part III. Judicial Review
1. Scope of Judicial Review
  - § 9.1 Scope of Review of Agency Findings of Basic Fact
  - § 9.2 Scope of Review of Issues of Legal Interpretation
  - § 9.3 Scope of Review of Application of Law to Facts
  - § 9.4 Judicial Review of Discretionary Determinations in Adjudication
  - § 9.5 Judicial Review of Discretionary Decisions in Rulemaking
2. Remedies and Reviewability of Agency Decisions
  - § 10.1 Judicial Remedies
  - § 10.2 Damage Actions as a Form of Judicial Review
  - § 10.3 Recovery of Fees
  - § 10.4 Preclusion of Judicial Review
  - § 10.5 Commitment to Agency Discretion
3. Standing to Seek Judicial Review and the Timing of Judicial Review
  - § 11.1 Standing to Seek Review
  - § 11.2 Timing of Judicial Review
Index

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	Product Details
	Series: American Casebook Series Brand: West Law School Components: 1 Print Shelf Space: 2 in. Free Update Period: 90 Days Update Frequency: Other Update Method-As needed ISBN-13: 9780314072061


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