Authors Christine B. Harrington and Leif H. Carter know that while bureaucratic government is no cure for the shortcomings of free enterprise, government oversight and regulation is crucial to keeping power within democratic boundaries. This Fifth Edition of Administrative Law and Politics shows the scope and power of administrative government and demonstrates how the legal system shapes administrative procedure and practice. Using accessible language and examples, the casebook provides the foundation that students, public administrators and policy analysts need to interpret the rules and regulations that support our legal system.
Offering a balance of case excerpts and commentary, this new edition and has been thoroughly updated to account for recent developments, such as
- administrative law vis-à-vis freedom of information statutes, including the NSA’s surveillance program;
- how administrators and judges navigate the philosophical, political, and economic stakes behind divisions in the Roberts Court’s judicial theory of statutes;
- non-enforcement and government inaction, including the position of Administrative Law Judges (ALJ) and the federal government’s (Department of Education) Title IX policy on sexual assault, harassment, and other forms of sexual misconduct in education.
表中的内容
Part I: THE RULE OF LAW IN PUBLIC ADMINISTRATION
CHAPTER 1: WHY ADMINISTRATIVE LAW?
Five Themes
Theme One: A Brief History of the Administrative State
Theme Two: The Broad Reach of Administrative Action and Power
Theme Three: The Shortcomings of Regulatory Government
Setting the Stage for the Study of Administrative Law
Mississippi Reveals Dark Secrets of a Racist Time (Sack)
Excerpts from Mississippi File on a Black
Exercises and Questions for Further Thought
CHAPTER 2: THE ORIGINS AND MEANING OF ADMINISTRATIVE LAW
What Is Law?
A First Look at the Development of Administrative Law
Adjudication and the Basics of Due Process: Three Illustrations
Morgan v. United States (1938)
Goldberg v. Kelly (1970)
Mathews v. Eldridge (1976)
Theme Four: What Is Administrative Law?
Theme Five: The Ethics of the Rule of Law in Bureaucratic Government
Exercises and Questions for Further Thought
Part II: ELEMENTS OF MODERN ADMINISTRATIVE LAW
CHAPTER 3: THE CONSTITUTIONAL AUTHORITY OF AGENCIES
The Constitutional Framework for Administrative Government
Munn v. Illinois (1876)
Lochner v. New York (1905)
National Labor Relations Board v. Jones & Laughlin Steel Corporation (1937)
Dolan v. City of Tigard (1994)
Kelo v. City of New London (2005)
Economic Libertarians, Property, and Institutions: Linking Activism, Ideas, and Identities among Property Rights Advocates (Hatcher)
The Delegation Doctrine
The Illusion of the Ideal Administration (Jaffe)
Mistretta v. United States (1989)
Exercises and Questions for Further Thought
CHAPTER 4: THE STATUTORY AUTHORITY OF AGENCIES
The Law of Separation of Powers
Immigration and Naturalization Service v. Chadha (1983)
Statutory Limits on Agency Discretion
NAACP et al. v. Federal Power Commission (1976)
American Textile Manufacturers Institute v. Donovan (1981)
Chevron v. Natural Resources Defense Council, Inc. et al. (1984)
FDA v. Brown & Williamson (2000)
Christopher v. Smithkline Beechman Corp. (2012)
Vance v. Ball State University (2013)
Exercises and Questions for Further Thought
CHAPTER 5: INFORMATION AND ADMINISTRATION
Investigations
Wyman v. James (1971)
Marshall v. Barlow’s, Inc. (1978)
Dow Chemical Company v. United States (1986)
Immigration and Naturalization Service v. Lopez-Mendoza et al. (1984)
Access to Information Held by Government
Department of the Air Force v. Rose (1976)
Milner v. Department of the Navy (2011)
United States Department of Justice v. Reporters Committee for Freedom of the Press (1989)
Nuclear Regulatory Commission v. Common Cause (1982)
Exercises and Questions for Further Thought
CHAPTER 6: INFORMALITY AND FORMALITY IN ADMINISTRATIVE LAW
Examples of Informal Administration
Informal Administration in Rulemaking and Adjudication
Bi-Metallic Investment Co. v. State Board of Equalization of Colorado (1915)
Adjudication at the Informal End of the Continuum
A Study of Informal Adjudication Procedures (Verkuil)
Board of Curators of the University of Missouri et al. v. Horowitz (1978)
Informal Rulemaking
Legal Problems in Informal Administration
Federal Crop Insurance Corp. v. Merrill (1947)
Exercises and Questions for Further Thought
CHAPTER 7: ELEMENTS OF AN ADMINISTRATIVE HEARING
Controlling Law
A Threshold Question: What Triggers Formal Adjudication under the APA?
Marathon Oil Co. v. Environmental Protection Agency (1977)
The Components of a Hearing
Walters v. National Association of Radiation Survivors (1985)
A Determination on the Record and Statement of Reasons
Note: Administrative Findings under Section 8(c) (1965)
Mazza v. Cavicchia (1954)
Gibson v. Berryhill (1973)
Cinderella Career and Finishing Schools, Inc. v. Federal Trade Commission (1970)
A Return to First Principles: Rethinking ALJ Compromise (Wertkin)
Ventura v. Shalala (1995)
Another View of Informality and Formality in Administrative Hearings
EEOC Guidelines on Discrimination Because of Sex
Dear Colleague Letter: Sexual Violence (Department of Education)
New York University Policy on Sexual Assault, Harassment and Other Forms of Sexual Misconduct
Exercises and Questions for Further Thought
CHAPTER 8: AMBIGUITIES IN RULEMAKING PROCEDURES
Is Rulemaking a Desirable Administrative Strategy?
United States v. Florida East Coast Railway, Inc. (1973)
Legislative and Adjudicative Rulemaking
Natural Resources Defense Council v. Vermont Yankee Nuclear Power Corp. (1976)
Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc. (1978)
Motor Vehicles Manufacturers Association v. State Farm Mutual Automobile Insurance Co. (1983)
Regulatory Reform: Creating Gaps and Making Markets (Harrington)
Exercises and Questions for Further Thought
CHAPTER 9: ENFORCEMENT OF ADMINISTRATIVE POLICY
Administrative Law and the Problem of Compliance
The Nature of Administrative Sanctions
Administrative Enforcement Techniques
Enforcement and Political Resistance
Citizen Initiation of Agency Enforcement
Environmental Defense Fund v. Ruckelshaus (1971)
Gwaltney of Smithfield v. Chesapeake Bay Foundation, Inc. and Natural Resources Defense Council (1987)
Massachussetts v. EPA (2007)
Legal Ambiguity and the Politics of Compliance: Affirmative Action Officers’ Dilemma (Edelman, Petterson, Chambliss, and Erlanger)
Exercises and Questions for Further Thought
CHAPTER 10: JUDICIAL REVIEW
Access to Judicial Review
Abbott Laboratories, Inc. v. Gardner (1967)
Association of Data Processing Service Organizations, Inc. v. Camp (1970)
United States v. Students Challenging Regulatory Agency Procedures (1973)
Clapper v. Amnesty International USA (2013)
The Scope of Judicial Review
Citizens to Preserve Overton Park v. Volpe (1971)
Heckler v. Chaney (1985)
Reviewing Questions of Fact and Questions of Law
Universal Camera Corp. v. National Labor Relations Board (1951)
National Labor Relations Board v. Hearst Publications, Inc. (1944)
Scope of Review: Introduction to the American Public Law System (Mashaw and Merrill)
Huzaifa Parhat v. Robert Gates, Secretary of Defense et al. (2008)
Exercises and Questions for Further Thought
Part III: PRACTICAL PROBLEMS IN ADMINISTRATIVE LAW
CHAPTER 11: LIABILITY
Responsibilities and Liabilities in Law
Liabilities and Responsibilities Distinguished: An Important Illustration
Tort Liability of Government for Acts of Officials
Indian Towing Co., Inc. v. United States (1955)
Griffin v. United States (1974)
Allen v. United States (1987)
De Shaney v. Winnebago County Department of Social Services (1989)
County of Sacramento v. Lewis (1998)
A New Legal Shield for States
Exercises and Questions for Further Thought
CHAPTER 12: THE LAW OF PUBLIC EMPLOYMENT
The Development of Civil Service
The Constitutional Requirements of a Termination Hearing
Perry et al. v. Sindermann (1972)
Cleveland Board of Education v. Loudermill (1985)
Gilbert et al. v. Homar (1976)
Other Protections for Public Employees
Kelley v. Johnson (1976)
National Treasury Employees Union et al. v. Von Raab (1989)
Washington v. Davis (1976)
United States District Court, Western District of Washington at Seattle
Exercises and Questions for Further Thought
Part IV: EVALUATING ADMINISTRATIVE LAW
CHAPTER 13: PRINCIPLES AND POLITICS IN ADMINISTRATIVE LAW
Surveying the Terrain
The Current Administrative Law Debate
Privatization, Prisons, Democracy, and Human Rights: The Need to Extend the Province of Administrative Law (Aman)
Outsourcing Sovereignty: Why Privatization of Government Functions Threatens Democracy and What We Can Do about It (Verkuil)
Agency’s ‘04 Rule Let Banks Pile Up New Debt (Labaton)
Practicing What We Have Preached
关于作者
Lief H. Carter served as Colorado College’s Mc Hugh Distinguished Professor of American Institutions and Leadership from 1995 to 2004. He taught at the University of Georgia from 1973 to 1995. He is the author of Reason in Law, Seventh Edition and has published major texts in constitutional law, legal reasoning, and administrative law. He was the first faculty member at the University of Georgia to receive the top award for teaching intwo different years, and he has won national awards and recognition from the American Political Science Association.
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