Administrative Law - Verkuil - Fall 2004

Administrative Law - Verkuil - Fall 2004 -...

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Regulation 19 th century- railroads were first big regulatory challenge. Most important economic enterprise, given land by congress, had monopoly over transportation of grain, goods, etc. regulation was answer to their excessive economic power. State regulation. First major regulation: 1887- Interstate Commerce Commission (ICC) created- purpose was to regulate railroads. 15 commissioners , set maximum rates to protect consumer and shipper and minimum rates to protect the railroads from other competition. Complex schedule of rates. 1930s- railroads monopoly weaked by the advent of trucks. Beginning of motor carrier regulation. The ICC perfected administrative process. Procedural mechanisms were there to protect your property rights Progressive era- more and more regulation of economic power b New Deal Progressive era- a lot of resistance to regulation, New Deal began to wane. Depression- economy foundering, Roosevelt uses regulation to bootstrap the economy. Alphabet of agencies begins to crop up. FTC 1914 FCC \ SEC all 1930s NLRB / Regulating things that had never been regulated before, like labor. Regulating them OUTSIDE THE COURTROOM. Procedurally receptive to hearing your complaint, but were not courts- more like administrative tribunals. Not confirmed article III judges Gradual acceptance of administrative state as an alternative to the courts. More administrative judges than in federal judiciary. 1200 Administrative judges, about 600 federal district judges. 200,000 federal cases commenced a year, many more administrative cases. “hearing examiner” before they were called admin judges enemies of New Deal used process as a substantive rebuttal p. 16- Logan Act- conservative effort to stop these communist type of activities, depriving you of your due process without a court. Vetoed by Roosevelt because it went too far. In response, Roosevelt created Administrative Procedure Act (APA) - 1939, didn’t get passed until 1946. Brought due process to an administrative setting.
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1950- business had reached peace with the agencies- if you can’t beat ‘em join ‘em. Trying to appoint administrators who would be friendly to business- agency capture 1960s- EPA, EPC, OSHA, DOT EPA- regulating the entire economy for social reasons DOT- 1966- to stop carnage on the highways. Seatbelts. Congress delegates because they want to improve highway safety but they don’t know how. Agency has specialized knowledge. Not purely independent agency- Secretary of transportation agency- much less politically insulated from the president. People aren’t using seatbelts. Should you save people’s lives even if they don’t want to be saved? Free choice vs. regulation. 1972- airbags.
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Administrative Law - Verkuil - Fall 2004 -...

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