Lessons by Subject Outline - Administrative Law

This Subject Outline allows you to search for terms of art that correspond to topics you are studying to find related CALI Lessons.
The Administrative Law Index lists all CALI lessons covering Administrative Law.

Subject Outline

Basic Principles of Administrative Law
- Chapter 3 from the eLangdell® casebook, Wetlands Law: A Course Source
- Administrative Law Primer (ENV38) (companion lesson to Stephen Johnson, eLangdell casebook, Wetlands Law: A Course Source)
Agency Structure
- Growth of the Modern Administrative State (ADM23)
  - The Administrative Law Judge
    - Hearing Officer
    - Administrative Law Judges (ADM24)
  - Appointment of Officers
  - Removal of Officers
  - Presidential Discretion
Delegation
- Unlawful Delegation (ADM16)
- Legislative Powers to Agency
  - Enabling Statute
  - Non-Delegation
  - Legislative Veto
  - Controlling Agency without imposing a statute
  - Ultra Vires Doctrine
- Executive Powers to Agency
- Presidential Appointment Power (ADM15)
  - Enforcement
  - Power to appoint and dismiss
- Judicial Powers to Agency
- Article III and Agency Adjudicative Power (ADM35)
  - Decide Issues of Law
- Separation of Powers
Scope of Authority
- Administrative Procedures Act
  - Basic Structure of the Federal Administrative Procedure Act (ADM06)
  - Rules v. Orders
  - Rulemaking v. Adjudications
- "Appropriate and Necessary"
- Vermont Yankee Principle
  - Avoiding the Principle
  - Due Process
- Constitutional Issues
  - Equal Protection
  - Due Process
  - Privacy
  - Fourth Amendment
  - Separation of Powers
- Narrow Construction of the Statute
Rulemaking
- Commencement of Rulemaking (ADM12)
- Initiation a Rulemaking Procedure by a Private Party
- Redress from a Denial of a Rulemaking Petition
- Formal Rulemaking
- Formal Rulemaking (ADM10)
  - Statutory Mandate
  - "On the record after opportunity for hearing"
- Informal Rulemaking
- Informal Rulemaking (ADM11)
  - Public Notice for Some Agencies
  - Notice of Rulemaking
  - Comment
  - Optional Oral Hearing
  - Concise General Statement of its Findings
  - Logical Outgrowth Rule
- Hybrid Rulemaking
- Hybrid Rules (ADM21)
  - Adding New Procedures
- Controls on Rulemaking
  - Judicial
    - Judicial Review of Rulemaking (ADM13)
  - Legislative
  - Executive
- Legal Significance of Rule
  - Procedural Rules
  - Legislative Rules
  - Non-legislative Rules
- Profoundly Informal Rule-Making
  - Military and Foreign Affairs
  - Intra-Agency Management
  - Broad Good Cause Exception
- Ratemaking
Adjudication
- Statutory Hearing Rights to Adjudication
  - Timing of Hearing
- Declaratory Orders
- Formal Adjudication
  - Prehearing Procedures
  - Process of Proof at Hearing
  - Requirement of Findings and Reasons
  - Vermont Yankee Applies
- Informal Adjudication
  - Denying a Written Application
  - Flexibility in Deciding Formal or Informal Adjudication
  - Procedural Requirements:
    - Right to appear in person and be represented by counsel
    - Right to meet with agency officials
    - Right for issue to be dealt within a reasonable time
    - Right of explanation of denial of a request
  - Due Process Requirements
- Administrative Notice
- Burden of Proof
  - Proponent of the Rule
Notice and Knowledge LCS13
- Knowledge
- Imputed Knowledge
- Notice
- Actual Notice
- Adequacy of Notice
- Constructive Notice
- Judicial Notice
- Implied Notice
- Imputed Notice
- Inquiry Notice
- Record Notice
Choice of Procedures
- The Choice between Rule-Making and Adjudication
- Adjudicative Rules (ADM09)
  - Is the Agency Vested with the Power to do Both
  - Agencies' Informed Decision
  - Rulemaking is Generally Preferred
  - Retroactive Effects
  - Required Rulemaking
- Issues that Require A Hearing
- Retroactivity
  - Adjudicative Allowed
  - Rule-making is not
Judicial Review
-  The Availability of Judicial Review (ADM34)
- Scope of Review of Question of Basic Fact
  - Substantive review of the Whole Record
  - Clearly Erroneous
  - Whole Record
- Scope of Review of Agency's Legal Interpretations
  - Chevron
  - Chevron Deference (ADM14)
  - Deference
  - Ambiguity
  - Plain-Meaning
- Scope of Review of Application of Law to Fact
  - Reasonable Application
- Scope of Review of Agency Exercises of Discretion
- Enforcement
- Agency Inaction
- Judicial Review of Agency Inaction Under the Federal Administrative Procedure Act (ADM28)
  - Non-reviewability of Decision not to Adjudicate
  - Courts are more Willing to Examine if Agency does not Create Rule
Judicial Control of Administrative Action
- Routes and Availability
  - Authority for Judicial Review
  - Statutory Preclusion to Judicial Review
  - Agency Discretion
    - Committed to Agency Discretion (ADM18)
- Standing
- Standing (Constitutional Issues) Introduction (ADM17)
- Standing: Causation (ADM26)
  - To Seek Judicial Review
  - Specialized Issues
    - Standing (Specialized Issues) (ADM20)
- Timing
  - Statutory Requirements
  - Standard Oil
- Ripeness
- Exhaustion of Remedies
  - Administrative Before Judicial
  - To Protect Agency Authority and Judicial Efficiency
  - May Preclude Review
  - Discretion of the Courts
- Primary Jurisdiction
  - Uniformity of Decisions
  - Appropriate Forums
  - Stays Pending Judicial Review
Inspections, Reports, and Subpoenas
- "On the Record" Proceedings
- Ex parte Communications
- - Between Outsiders and the Agency
  - PATCO v. FLRA
- Not Required to be "On the Record"
  - Sanamon Rule
- Improper Influence
  - Legislators
  - Lobbyists
  - "Revolving Door"
- Bias
  - Adjudicative Proceedings
  - Rule-Making Proceedings
- Internal Communications
  - Rulemaking as an Institutional Activity
  - Political Influence and Pressure
  - Conflicts of Interest
- Fourth Amendment
  - Administrative Inspections (ADM19)
Public Access to Agency Processes
- Freedom of Information Act
- Freedom of Information Act (ADM29)
  - Private Individual
  - Requesting Government Records
- Federal Privacy Act
  - Protects Records of Private Individuals From Disclosure
  - "System of Records"
  - Exemptions
- Government in the Sunshine Act
  - Open Meetings to Public
- Executive Privilege
- Deliberative Process Privilege (ADM22)
- Executive Privilege - Presidential Privilege (ADM25)
  - "Final Decision"
Researching Administrative Law
- Introduction and Sources of Authority for Administrative Law (LWR33)
- esearching Federal Administrative Regulations (LWR06)
- Chapter 3 from the eLangdell® casebook, Wetlands Law: A Course Source