You are here

Administrative Law
Share

Administrative Law
The Sources and Limits of Government Agency Power

  • Daniel L. Feldman - John Jay College of Criminal Justice, City University of New York


December 2015 | 264 pages | CQ Press
Why do unelected bureaucrats get to exercise power? What are the limits on those powers? What recourse do citizens have if bureaucrats abuse those powers? 

Anyone working with government needs to know the answers to these questions. Administrative Law: The Sources and Limits of Government Agency Power concisely examines the everyday challenges of administrative responsibilities and provides students with a way to understand and manage the complicated mission that is governance.  Written by leading scholar Daniel Feldman, the book avoids technical legal language, but at the same time provides solid coverage of legal principles and exemplar studies, which allows students to gain a clear understanding of a complicated and critical aspect of governance. 
 
 
Chapter 1: Overview; Non-delegation doctrine
why study administrative law?  
the non-delegation doctrine: early theory -- “agencies cannot make laws” – versus practice  
the non-delegation doctrine post-Schechter: arguments for agency power to regulate  
giving agencies judge-like powers  
conclusion  
so what am I supposed to do?  
practice problems  
endnotes  
 
Chapter 2: The Legitimacy of U.S. Government Agency Power
the “transmission belt” theory; rationale for tight limits on agency powers  
additional traditional justifications of U.S. government agency power: expertise, public  
participation, representative bureaucracy; need for loose limits on agency powers  
bureaucrats’ oath to support the Constitution as a limiting factor  
people create the law they need  
what am I supposed to do?  
practice problem  
endnotes  
 
Chapter 3: Separation of Powers -- Legislative and Executive Control Over Administrative Agencies
legislative review of agency action  
the legislative veto  
comptroller general to impose budget cuts? – Court says no; *special prosecutor not appointed by president? – Court says yes  
executive control of administrative agencies  
what am I supposed to do?  
practice problems  
endnotes  
 
Chapter 4: Imposing Rational Structure on Administrative Procedure; Discretionary and informal agency action
keeping track of regulations  
informal, “executive,” or discretionary agency action  
investigation, prosecution, and imposition of penalties  
non-public policymaking and “guidance”  
informal rulemaking  
what am I supposed to do?  
practice problem  
endnotes  
 
Chapter 5: Rulemaking
the rulemaking power  
the process  
efficiency  
fairness in the process  
estoppel”: fairness (?) in the implementation  
what am I supposed to do?  
practice problems  
endnotes  
 
Chapter 6: Preemption and Judicial Review of Agency Rulemaking
preemption  
how too much Chevron deference causes disaster  
Skidmore deference and Auer deference  
state courts and Chevron deference  
state preemption and local law  
what am I supposed to do?  
practice problems  
endnotes  
 
Chapter 7: Adjudication
agency power to conduct hearings; wide range of subject matter  
right versus privilege  
“entitlements” and the Matthews balancing test  
due process and government employment  
the thin edge of due process  
what am I supposed to do?  
practice problem  
endnotes  
 
Chapter 8: Adjudication – how much process is due?
school suspension and expulsion  
welfare benefits  
mental health care  
seeking less procedural protection; public pension appeals  
what am I supposed to do?  
practice problem  
endnotes  
 
Chapter 9: Adjudication – substantial evidence rule; an example in practice
hearsay and cross examination  
standard of decision  
standard of decision and standard of review  
standard of decision: NOT “substantial evidence”; burden of proof  
ex parte contacts  
biased hearing officers?  
consistency or explanation  
what am I supposed to do?  
agency hearings: an example in practice  
practice problem  
endnotes  
 
Chapter 10: Choice of rulemaking or adjudication
adjudication to the exclusion of rulemaking  
adjudication to the exclusion of rulemaking; Florida’s unusual response  
rulemaking to the exclusion of adjudication  
what am I supposed to do?  
practice problems  
endnotes  
 
Chapter 11: Availability of Judicial Review
standing  
primary jurisdiction  
ripeness for review  
final order rule  
exhaustion of administrative remedies  
mootness  
concluding note  
what am I supposed to do?  
practice problem  
endnotes  
 
Chapter 12: Sovereign immunity and officer tort liability
sovereign immunity – history and rationale  
officer tort liability -- immunity  
officer tort liability – acting “under color of law”  
officer tort liability – other factors  
officer tort liability – immunity revisited  
what am I supposed to do?  
practice problem  
endnotes  
 
Chapter 13: Government employment rights and due process
freedom of speech  
choice of appearance  
political affiliation  
residency requirements  
sexual harassment  
protection against privatization  
what am I supposed to do?  
practice problem  
endnotes  
 
Chapter 14: “Transparency”: public access to government information
the Freedom of Information Act  
pre-FOIA information access requirements of the Administrative Procedure Act  
how FOIA empowers citizens to obtain government documents  
how FOIA empowers agencies to withhold information to prevent abuse  
how FOIA empowers agencies to withhold information to safeguard other substantive interests  
how FOIA empowers agencies to withhold information to safeguard procedural interests open meeting laws  
electronic transparency in rulemaking  
what am I supposed to do?  
practice problem  
endnotes  

“Dan Feldman’s writing style is informal and clear, almost as if he were having a conversation with his readers. The closing format for each chapter and the vivid examples are engaging, as they are often readily related to contemporary events and problems."

Peter L. Strauss
Columbia Law School

Administrative Law: The Sources and Limits of Government Agency Power is conversational and informative. It makes the difficult topics of administrative law clear and readable.”

Rose Mary Bailly
American Bar Association Advisor to the 2010 Drafting Committee to Revise the Model State Administrative Procedure Act

“One of the major strengths of Feldman’s book is that is it eminently readable. It flows easily, is engaging and not at all difficult to follow. I especially like the real life examples. They are useful additions, enabling the reader to take the concepts set forth in each chapter and see how they can be applied, while including follow-up information about how courts viewed the administrators’ actions.”

Dr. Mark Iris
Northwestern University

Did use once; but, the type of students entering the program may mean a book change.
Thank you

Professor Kimberley Garth-James
Public Administration Dept, Notre Dame De Namur University
November 29, 2016

Sample Materials & Chapters

Chapter 1


Preview this book

For instructors

This book is not available as an inspection copy. For more information contact your local sales representative.

Select a Purchasing Option


Paperback
ISBN: 9781506308548
£52.00

SAGE Knowledge is the ultimate social sciences digital library for students, researchers, and faculty. Hosting more than 4,400 titles, it includes an expansive range of SAGE eBook and eReference content, including scholarly monographs, reference works, handbooks, series, professional development titles, and more.

The platform allows researchers to cross-search and seamlessly access a wide breadth of must-have SAGE book and reference content from one source.

SAGE Knowledge brings together high-quality content from across our imprints, including CQ Press and Corwin titles.