The purpose of this lesson is to examine how administrative agencies create "rules," particularly in adjudicative contexts. The goal is to contrast so-called "legislative procedures" with "adjudicative procedures," and then to examine the scope and limits of adjudicative authority. The lesson is intended for students who have studied these issues in class and wish to refine their knowledge.
This lesson deals with the topic of administrative inspections. Governmental officials conduct inspections in a variety of contexts. Some of these inspections are conducted by the police. Others are conducted by special administrative officials charged only with the task of carrying out certain administrative tasks. As we shall see, the United States Supreme Court has developed special rules governing such inspections. In this lesson, we examine those special rules in depth.
Many administrative agencies have their own judicial structures (often referred to as "quasi-judicial" structures). In this lesson, we examine the development of one type of judge used in those structures, the so-called administrative law judge.
This lesson explores the constitutional limitations on agency adjudicative authority stemming from Article III's commitment of the judicial power to Article III courts.
This lesson introduces students to the law governing circumstances in which judicial review of actions, and inaction, of federal administrative agencies is available and when it may be restricted or unavailable. The lesson explores questions of jurisdiction, and rights of review principally under the Administrative Procedure Act.
This lesson introduces students to the Federal APA with special emphasis on (1) mapping the relationship of its parts and (2) closely examining the text of the principal sections.
This lesson explores issues relating to the United States Supreme Court's landmark decision in Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984).
This lesson focuses on issues related to the commencement of legislative rulemaking proceedings. Accordingly, it focuses on how such proceedings are commenced and by whom. It also focuses on rules that are exempt from rulemaking requirements. This lesson is intended for students who have studied these issues in class and wish to refine and further their knowledge.
This lesson deals with the "committed to agency discretion" exception to judicial review. Under the federal Administrative Procedure Act, courts tend to assume that administrative action is subject to review. However, there are several situations when courts will decline to exercise their review authority. One of those situations is the subject of this lesson: when administrative action has been committed to agency discretion by law.
This lesson examines the so-called "deliberative process privilege" (DPP) (a/k/a, "predecisional and deliberative privilege"). The DPP is a variant of Executive Privilege, and is applied to protect the confidentiality of administrative communications in various contexts. This lesson is intended for students who have studied the DPP in class, and who wish to refine and expand their knowledge.
This lesson focuses on the presidential version of executive privilege. The lesson examines the justifications for the privilege, the requirements for its invocation, and judicial handling of that privilege. The lesson is intended for students who have studied this privilege in class, and who wish to further refine their understanding of the topic.
This lesson introduces you to the so-called "formal" process for making administrative rules and regulations. Under the federal Administrative Procedure Act, there are two separate and distinct processes for making rules: the "informal" process and the "formal" process. In a prior lesson, we examined the informal process. This lesson examines the formal process in greater detail. The lesson is designed for students who have studied these issues in class and who wish to refine their knowledge and understanding of the issues.
This lesson focuses primarily on the federal Freedom of Information Act. The lesson begins with an overview on the origins of the Act and its basic structure. The lesson then examines threshold questions that a user of the Freedom of Information Act must consider, and key questions for analysis and application. This lesson examines which agencies are subject to the Freedom of Information Act, whether the document sought is a "record" under the Act, and finally, are any exemptions applicable.
Over the last century, the administrative bureaucracy has grown dramatically in size and influence. In this lesson, we examine some of the reasons for that growth. This lesson is intended for students who have studied these issues in class, and who wish to refine and enhance their knowledge.
In this lesson, we examine the hybrid rulemaking process. In other words, we examine rules that are not created through the formal rulemaking process (as that process is defined in the federal Administrative Procedure Act (APA)), or by a strictly informal process (again, as defined by the APA), but by a process that is somewhere between formal and informal processes. The lesson is intended for students who have studied these issues in class, and who wish to further refine their knowledge.
This lesson examines the "informal" rulemaking process. Under the Administrative Procedure Act, this type of rulemaking is also called "notice and comment" rulemaking. In this lesson, we examine the procedural steps that an administrative agency must follow in order to create a valid "informal" rule. This lesson is intended for students who have studied these issues in class and wish to further refine their knowledge.
This exercise begins with some general background questions to help students place administrative agencies within the greater Constitutional scheme. These questions also address the various powers agencies wield, and the ways they are created. Then the exercise examines sources that offer specific details on individual agencies; it goes on to briefly discuss procedural rules, policy statements, and the process of promulgating regulations.
This lesson addresses two general questions covered in a typical administrative law course: (1) under what circumstances does the federal Administrative Procedure Act authorize judicial review of claims that an agency's inaction violates the Administrative Procedure Act; and (2) what is the scope of judicial review of such claims?
In this lesson, we explore issues relating to judicial review of an agency's issuance of a "legislative" rule -- a rule issued as a result of the federal Administrative Procedure Act's rulemaking procedures.
This lesson explores the concepts of notice and knowledge. These are important concepts in many areas of law, e.g., contracts, property, constitutional law, criminal procedure and civil procedure.
This lesson focuses on the presidential power to appoint executive branch officials. It focuses on the scope of the presidential power, congressionally imposed limits on that power, and potential infringements of the power by Congress and the judiciary. This lesson is intended for students who have studied these issues in class, and who wish to further refine their knowledge.
This lesson will teach students how to research and efficiently locate rules and regulations promulgated by federal administrative agencies. The lesson addresses the official sources of federal administrative regulations: the Federal Register, the Code of Federal Regulations, and their related materials.
A critical issue that arises in many administrative cases is the question of constitutional standing to litigate. At its most basic, standing is the requirement that a litigant must have a sufficient interest in the outcome of the litigation in order to be entitled to sue. This lesson provides an introduction to constitutional standing issues and provides the basis for more in depth review in subsequent lessons. The lesson is intended for students who have studied these issues in class and who wish to further refine their knowledge.
This lesson examines several status issues that arise in standing cases. In a prior lesson, we examined two contexts in which individuals might seek standing: taxpayer standing and citizen standing. In this lesson, we examine two other situations that may arise: the right of associations to sue on behalf of their members, and the rights of individuals to assert the interests of third parties. This lesson is intended for students who have studied these issues in class and who are seeking to further refine their knowledge and grasp of the area.
Article III of the United States Constitution requires a plaintiff to establish "standing" in order to sue in federal court. In addition to showing an injury-in-fact, plaintiff must also show "causation" and "redressability." In other words, plaintiff must show that defendant is the "cause" of the injury, and that the injury will be redressed by a favorable judicial decision.
The subject of "unlawful delegation" of powers is an important issue in both constitutional and administrative law. Not infrequently, Congress attempts to delegate its legislative authority to an administrative agency or to the courts. Sometimes, Congress attempts to delegate judicial power to administrative agencies. In this lesson, we explore the legality of such delegations. This lesson is intended for students who have studied these issues in class, and wish to refine their knowledge.