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.
Read moreArticle 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.
Read moreThis lesson explores the constitutional limitations on agency adjudicative authority stemming from Article III's commitment of the judicial power to Article III courts.
Read moreThis lesson introduces you to the so-called "formal" process for making administrative rules and regulations.
Read moreThis 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?
Read moreThis lesson focuses on issues related to the commencement of legislative rulemaking proceedings. Accordingly, it focuses on how such proceedings are commenced and by whom.
Read moreThe purpose of this lesson is to examine how administrative agencies create "rules," particularly in adjudicative contexts.
Read moreMany 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.
Read moreThis 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.
Read moreThis 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.
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