Law school legends series. Study aids (West Academic Publishing)
Includes link to written lecture outline under "View audio outline".
Formatted Contents Note
Introduction Nature of agencies The Administrative Procedure Act (APA) Agencies simulate all branches Types of agencies Procedural due process Relevance to administrative law Four step test Step one: governmental action step two: individualized action Comparison with APA distinction between adjudication and rulemaking Step three: protected property or liberty interest Step four: amount of process due Administrative adjudication Basic divide between formal and informal adjudication Distinguish formal from informal adjudication The nature of formal adjudication Rulemaking - delegation and distinction Formal rulemaking Informal, notice-and-comment rulemaking Hybrid rulemaking Hypothetical #15 Categorical exceptions from rulemaking proceedings External, non-judicial review of rules Bias and ex parte contacts in rulemaking Discretion to choose between rulemaking and adjudication Agency information gathering Clash between desire for privacy and accomplishment of regulatory objectives Three important devices Searches or inspections Recordkeeping and reporting Subpoenas Privilege limitations External controls on agencies Generally Delegation Estoppel Freedom of Information Act Executive controls Legislative controls Venue: generally determined by enabling act Form of challenge Preconditions of judicial review Standing Final order rule Ripeness Exhaustion of administrative remedies Primary jurisdiction "Committed to agency discretion by law" Statutory preclusion of review Judicial review Four questions Law Historical fact Policy Discretion Damage actions as a method of judicial review Exam approach Look for key words Classify the agency action: adjudication, rulemaking or information gathering Identify statutory limitation on agency's actions (principally APA) Identify constitutional limitations on agency's actions Identify constitutional limitation on agency's actions Identify any important pre-conditions of judicial review (e.g. exhaustion, standing) Classify the nature of the challenge: legal, factual, policy or discretion Apply the appropriate standard of review.
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Description based on publisher's description page, viewed February 2, 2017.