Contents
Administrative Law
Preface
CHAPTER 1: INTRODUCTION
A. Overview of the Work and Place of Administrative Agencies in Our System of Government
Interstate Commerce Commission v. Cincinnati, New Orleans and Texas Pacific Railway Co.
Pennsylvania v. West Virginia
National Broadcasting Co. v. United States
United States v. Southwestern Cable Co.
FDA v. Brown & Williamson Tobacco Corp.
B. Adjudication and Rulemaking
Londoner v. City and County of Denver
Bi-Metallic Investment Co. v. State Board of Equalization
CHAPTER 2: ADJUDICATION
A. Constitutional Right to a Hearing
Brief Introduction to Procedural Due Process
Bailey v. Richardson
Goldberg v. Kelly
Board of Regents v. Roth
Perry v. Sindermann
Paul v. Davis
B. How Much Process Is Due?
Mathews v. Eldridge
Cleveland Board of Education v. Loudermill
Note on Town of Castle Rock v. Gonzales
Ingraham v. Wright
Note on Goss v. Lopez
Note on Summary Deprivations of Property
Note on Due Process in Time of War: Hamdi v. Rumsfeld
C. Statutory Hearing Rights: Triggering APA Requirements
Note on the Federal APA
Seacoast Anti-Pollution League v. Costle
Note on When Agencies Must Observe Formal Adjudication Procedures
D. Parties and Intervention
E. Evidence and Proof Issues
Richardson v. Perales
Steadman v. Securities and Exchange Commission
F. Combinations of Functions
Withrow v. Larkin
Note on “Total Quality Assurance” (“TQA”) and the Administrative Law Judge
Nash v. Bowen
G. Bias
Antoniu v. SEC
H. Ex Parte Contacts
First Savings & Loan Assn. v. Vandygriff
Vandygriff v. First Savings & Loan Assn.
I. Estoppel Against the Government
Schweiker v. Hansen
J. Document Disclosure and Open Meetings
The Freedom of Information Act
EPA v. Mink
Note on the Government in the Sunshine Act
CHAPTER 3: RULEMAKING
A. Introduction to Rulemaking
National Petroleum Refiners Assn. v. FTC
Note on APA Requirements for Rulemaking
Bowen v. Georgetown Univ. Hospital
B. Notice and Comment: “Informal” Rulemaking
Chocolate Manufacturers Assn. v. Block
United States v. Nova Scotia Food Products Corp.
C. Exceptions to Informal Rulemaking Requirements
Mada-Luna v. Fitzpatrick
Warder v. Shalala
Note on Other APA Exceptions from the Requirements for Notice-and-Comment Rulemaking
D. Beyond Notice and Comment: “Formal,” “Hybrid,” and Negotiated Rulemaking
United States v. Florida East Coast Railway Co.
Vermont Yankee Nuclear Power Corp. v. NRDC
Note on Hybrid Rulemaking
Note on Additional Generic Requirements for Rulemaking
Note on Alternative Dispute Resolution and Federal Administrative Agencies
E. Must an Agency Promulgate Rules?
SEC v. Chenery Corp. (Chenery II)
Note on NLRB v. Wyman-Gordon
NLRB v. Bell Aerospace Co.
F. Avoiding Adjudication Through Rulemaking
Heckler v. Campbell
G. Must an Agency Adhere to Its Rules?
Sameena, Inc. v. U.S. Air Force
CHAPTER 4: ROLE OF AGENCIES IN THREE-BRANCH GOVERNMENT
A. Historical Introduction
Excerpt, Jay S. Bybee, Agency Expertise, ALJ Independence, and Administrative Courts: the Recent Changes in Louisiana's Administrative Procedure Act
B. Conforming Agency Practice to Article III
Crowell v. Benson
Northern Pipeline Const. Co. v. Marathon Pipe Line Co.
CFTC v. Schor
Note on the Seventh Amendment
C. The Nondelegation Doctrine
A. L. A. Schechter Poultry Corp. v. United States
Industrial Union Dept. v. American Petroleum Inst.
Note on Mistretta v. United States
Whitman v. American Trucking Assns.
D. The Legislative Veto
Ins v. Chadha
Note on Statutorily Mandated Congressional Review
E. Executive Power to Appoint
Buckley v. Valeo
Note on Freytag v. Commissioner
Note on Landry v. FDIC
F. Executive Power to Remove
Myers v. United States
Humphrey's Executor v. United States
Note on Bowsher v. Synar
Morrison v. Olson
G. The Role of the President in Implementing Statutes
1. Presidential Signing Statements
2. Presidential Review of Agency Rulemaking
Note on Presidential Review of Agency Rulemaking
H. Executive Power and the War on Terror
CHAPTER 5: JUDICIAL REVIEW
A. Scope of Review of Fact
NLRB v. Universal Camera Corp.
Universal Camera Corp. v. NLRB
B. Scope of Review of Law
Cabinet for Human Resources v. Jewish Hospital Healthcare Svcs.
Skidmore v. Swift & Co.
Chevron U.S.A. v. NRDC
MCI Telecommunications Corp. v. AT&T Co.
Sierra Club v. Johnson
United States v. Mead Corp.
Note on Mead Corp. and the Ossification of Administrative Law
Gonzales v. Oregon
Note on Agency Non-Acquiescence in Court of Appeals Decisions
C. Distinguishing Issues of Fact and Law
Campbell v. Merit Systems Protection Board
D. Scope of Review of Exercises of Discretion
Citizens to Preserve Overton Park v. Volpe
Note on Judicial Supplementation of the Agency Record
Note on the Arbitrary or Capricious Standard and “Hard Look” Review
Motor Vehicle Mfrs. Assn. v. State Farm Mut. Auto. Ins. Co.
Note on the Relationship Between Arbitrary or Capricious Review and Chevron Step II Analysis
AFL-CIO v. Marshall
Note on Harmless Error in the Administrative Process
E. Distinguishing Among Issues of Fact, Law, and Discretion
Note on Allentown Mack Sales & Service v. NLRB
F. Cause of Action, Reviewability, Jurisdiction, Immunity
Note on Judicial Review as a Civil Action
Note on Money Damage Suits
Johnson v. Robison
Bowen v. Michigan Academy of Family Physicians
Webster v. Doe
Note on Heckler v. Chaney
G. Standing
1. Injury in Fact
Lujan v. Defenders of Wildlife
Federal Election Commission v. Akins
Note on Taxpayer Standing
Note on Standing in Qui Tam Actions
Note on Redressability
2. Zone of Interests
The Chicago Junction Case
Alabama Power Co. v. Ickes
FCC v. Sanders Bros. Radio Station
ADPSO v. Camp (“Data Processing”)
Note on Agency Capture and the Availability of Judicial Review
Air Courier Conference v. Postal Workers
NCUA v. First Nat'l & Trust Co.
3. Review of Standing Law
Bennett v. Spear
H. Ripeness
Abbott Laboratories v. Gardner
Toilet Goods Assn. v. Gardner
I. Finality
FTC v. Standard Oil Company of California
Note on Bennett v. Spear
Note on the Finality of Agency Inaction
Note on Statutory Time Limits on Judicial Review of Agency Action
J. Exhaustion of Administrative Remedies
Myers v. Bethlehem Shipbuilding Corp.
McCarthy v. Madigan
Darby v. Cisneros
Note on Sims v. Apfel
K. Judicial Remedies for Unlawful Agency Action
Appendix A: The Constitution of the United States
Appendix B: The Administrative Procedure Act (Selected Provisions)
Appendix C: Uniform Law Commissioners’ Model State Administrative Procedure Act (1981) (Selected Provisions)
Table of Cases
Index
