RS-AdminLaw-ClassNotes

RS-AdminLaw-ClassNotes - Administrative Law Prof. Stabile...

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Administrative Law Spring 2004 R. Santalesa Prof. Stabile Administrative Law -- Prof. Susan Stabile First Class 01/12/04 Final 3-hour exam. 20 MC and two essay questions were last semester's final. (might be open-book, might not.) Q: What is administrative law? p. 3 definition -- define authority and structure of administrative agencies. Q: What are agencies? FTC and FCC. .. examples. (Not necessarily executive). . Entities other than Congress, Pres. and Courts. Some are within dept. of executive branch. But some are designated "independent" agencies -- not within any dept. of the exec. branch, and not under supervision of Pres. or Cabinet members. Can think of them as outside or separate from three branches of govt. Perform wide variety of functions - -permits, licenses, enforcing Congressional mandates, policy making in wide- range of areas. This definition we stated with gives a fairly good idea of what it is we will cover in this course FIRST - -not concerned here with the substantive law that pertains to various agencies we'll talk about. (i.e. EPA operates within a sphere of law, IRS - tax law, etc.,) SECOND -- We are concerned with general principles and rules applicable to agency activities and operations; rules that cut across the substantive field (i.e. constitutional position of agencies, goals of regulatory state, and extent to which those goals have or have not been met by agencies.) We'll talk about the means agencies operate -- rules that are applicable -- rulemaking and adjudication. And judicial review - we'll discuss. Fact-finding, etc. . And this will include basic principles used by courts to review agency actions, and how one gets to court to challenge an agency action. NOTE : This is a frustrating course in that it can be elusive, since we don't do substantive law of agencies discussed. But in course of cases we'll look at examples of particular substantive regulation and such. 1. Constitutional Law 2. Statutory law - including APA 3. Federal common law. Q: Why should we take admin. law? Reason, p. 1, modern govt is effectively administrative govt today. In the early history or govt was primarily a common law system. So, this is a practical and important area, with a huge amount of law, and virtually no area of practice that does not have significant component of admin. law. TONIGHT - Focus on two subjects - justification for regulation and (2) development of administrative govt and Admin. Proc. Act (1946) (APA is a Congressional response to concerns raised about agency discretion.) WHY DO WE NEED ADMINISTRATIVE REGULATION? -- statutory law combined with administrative regime. . p. 4 - number of arguments, that operate in conjunction and overlapping. Text divides them into categories. a)
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RS-AdminLaw-ClassNotes - Administrative Law Prof. Stabile...

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