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Chapter 1: Overview; Non-delegation doctrine
why study administrative law?
the non-delegation doctrine: early theory
“agencies cannot make laws” – versus practice
the non-delegation doctrine post-Schechter: arguments for agency power to regulate
giving agencies judge-like powers
conclusion
so what am I supposed to do?
practice problems
endnotes
Chapter 2: The Legitimacy of U.S. Government Agency Power
the “transmission belt” theory; rationale for tight limits on agency powers
additional traditional justifications of U.S. government agency power: expertise, public
participation, representative bureaucracy; need for loose limits on agency powers
bureaucrats’ oath to support the Constitution as a limiting factor
people create the law they need
what am I supposed to do?
practice problem
endnotes
Chapter 3: Separation of Powers
Legislative and Executive Control Over Administrative Agencies
legislative review of agency action
the legislative veto
comptroller general to impose budget cuts? – Court says no; *special prosecutor not appointed by president? – Court says yes
executive control of administrative agencies
what am I supposed to do?
practice problems
endnotes
Chapter 4: Imposing Rational Structure on Administrative Procedure; Discretionary and informal agency action
keeping track of regulations
informal, “executive,” or discretionary agency action
investigation, prosecution, and imposition of penalties
non-public policymaking and “guidance”
informal rulemaking
what am I supposed to do?
practice problem
endnotes
Chapter 5: Rulemaking
the rulemaking power
the process
efficiency
fairness in the process
estoppel”: fairness (?) in the implementation
what am I supposed to do?
practice problems
endnotes
Chapter 6: Preemption and Judicial Review of Agency Rulemaking
preemption
how too much Chevron deference causes disaster
Skidmore deference and Auer deference
state courts and Chevron deference
state preemption and local law
what am I supposed to do?
practice problems
endnotes
Chapter 7: Adjudication
agency power to conduct hearings; wide range of subject matter
right versus privilege
“entitlements” and the Matthews balancing test
due process
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Administrative law : the sources and limits of government agency power by Daniel L. Feldman. ISBN 9781506308531. Published by CQ Press in 2015. Publication and catalogue information, links to buy online and reader comments.