(NOTE: Each chapter concludes with a Conclusion.)
Preface.
1. Introduction.
1.1 Administrative Law Defined.
1.2 Sources of Administrative Law.
1.3 Administrative Agencies.
2. Bureaucracy and Democracy.
2.1 Democracy and Accountability.
2.2 Controlling the Bureaucracy.
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.
4. The Requirement of Fairness.
4.1 Due Process In General.
4.2 Protected Interests.
4.3 Cost-Benefit Analysis.
4.4 Notice.
4.5 Hearing.
4.6 Equal Protection.
5. Delegation.
5.1 What Is Delegation?
5.2 Delegating Legislative Authority.
5.3 The Nondelegation Doctrine Today.
5.4 Delegating Judicial Authority.
5.5 Delegating to Private Agencies.
5.6 Delegation and Criminal Law.
5.7 Arrest and Delegation.
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.
6.6 Ratemaking.
6.7 Taxation and Revenues.
6.8 Controlling Rulemaking Authority.
7. Agency Investigations and Information Collection.
7.1 Acquiring Information.
7.2 Recordkeeping and Reporting.
7.3 Inspections, Tests, and Searches.
7.4 Subpoenas.
7.5 Parallel Proceedings.
7.6 Paperwork Reduction Act.
8. Agency Adjudications.
8.1 In General.
8.2 Notice.
8.3 Parties and Participation.
8.4 Discovery.
8.5 Prehearing Conference.
8.6 Prehearing Settlement/Adr.
8.7 The Hearing.
8.8 License Cases.
9. Accountability through Reviewability.
9.1 In General.
9.2 Sources of Review Authority.
9.3 Agency Discretion.
9.4
9.5 Timing of Review.
9.6 Scope and Standards of Review.
9.7 Review of Rules.
9.8 Common Law Doctrines.
10. Accountability through Accessibility.
10.1 Accountability through Accessibility.
10.2 Freedom of Information Act.
10.3 Privacy Act.
10.4 Government in the Sunshine Act.
10.5 Federal Advisory Committee Act.
10.6 Trade Secrets Act.
10.7 Privatization and the Public's Right to Know.
11. Accountability through Liability.
11.1 Introduction.
11.2 Sovereign Immunity.
11.3 Federal Tort Claims Act and Its Exceptions.
11.4 Section 1983 Actions.
11.5 Constitutional Claims.
11.6 Common Law Torts and Official Immunity.
11.7 Tucker Act.
11.8 Private Parties as Government Actors.
12. Researching Administrative Law Issues.
12.1 Introduction.
12.2 The Scope of Administrative Law.
12.3 Beginning the Search.
12.4 Rules Created by the Administrative Agency.
12.5 Finding Agency Decisions.
12.6 Searching the Federal Register.
12.7 Searching the CFR.
12.8 Computerized Sources for Administrative Law.
Appendix A: Constitution of the United States.
Appendix B: Administrative Procedure Act Excerpts.
Appendix C: Selected Executive Orders.
Index.
