Administrative Law

Author: Daniel L. Feldman
Publisher: CQ Press
ISBN: 1506308562
Size: 18.14 MB
Format: PDF, Kindle
View: 3517
Download Read Online
This concise text examines the everyday challenges of administrative responsibilities and provides students with a way to understand and manage the complicated mission that is governance.

Administrative Law

Author: Jack M. Beermann
Publisher: Aspen Publishers Online
ISBN: 0735590095
Size: 66.27 MB
Format: PDF, ePub, Docs
View: 6923
Download Read Online
Further, other statutes, such as the National Environmental Policy Act, may place
obligations on agencies. 4. Administrative common law: Before the APA was
enacted, common law regulating the exercise of government power had
developed. Courts sometimes still refer to the common-law doctrines, often to
explain the meaning or application of the APA. 5. Additional general statutes: The
fifth main source of administrative law comprises generally applicable federal
statutes that ...

Administrative Law Treatise Due Process

Author: Richard J. Pierce
Publisher: Wolters Kluwer Law & Business
ISBN: 9780735580497
Size: 10.57 MB
Format: PDF, ePub, Mobi
View: 3137
Download Read Online
§11.5 Unexplained Departures from Precedent A large proportion of
administrative law doctrine is explicable principally as a means of furthering a
single goal — limiting agency discretion. ... (dissenting opinion of Chief Justice
Burger and Justice Rehnquist); J. Ely, Democracy and Distrust 132-134 (1980); J.
Freed- man, Crisis and Legitimacy: The Administrative Process and American
Government 93-94 (1978); McGowan, Congress, Court, and Control of Delegated
Power, 77 Colum.

Administrative Law Treatise

Author: Richard J. Pierce
Size: 76.37 MB
Format: PDF
View: 5756
Download Read Online
man, Crisis and Legitimacy: The Administrative Process and American
Government 93-94 (1978); McGowan, Congress, Court, and Control of Delegated
Power, 77 Colum. L. Rev. ... The problem would cease to exist if Congress
included in statutes that delegate power to agencies clear substantive standards
that limit the exercise of that power. ... Chapters Six and Seven describe the many
advantages of agency rules as a politically legitimate source of limits on agency

Administrative Law Treaties

Size: 75.15 MB
Format: PDF, ePub, Mobi
View: 3639
Download Read Online
Chapters Six and Seven describe the many advantages of agency rules as a
politically legitimate source of limits on agency power. Occasionally, the Court
has attempted to compel agencies to act only by rule. For good reasons
described in §6.8 supra, however, the Court seems to have abandoned that effort
as well. An agency whose powers are not limited either by meaningful statutory
standards or by legislative rules poses a serious potential threat to liberty and to

Administrative Law

Author: Bernard Schwartz
Size: 65.41 MB
Format: PDF, ePub, Mobi
View: 7277
Download Read Online
Ultra Vires and Reasonableness "An administrative agency is a creature of
statute."35 As a corporation is to its charter, the administrative agency is to its
enabling legislation. This means that the basic doctrine of administrative law, as
of corporation law, is the doctrine of ultra vires. The jurisdictional principle is the
root principle of administrative power. The statute is the source of agency
authority as well as of its limits. If an agency act is within the statutory limits (or
vires), its action is ...

Gellhorn And Byse S Administrative Law

Author: Peter L. Strauss
Publisher: West Publishing Company
Size: 53.84 MB
Format: PDF, ePub
View: 6534
Download Read Online
Whether someone is the object of regulation or its beneficiary cannot be decided
without an independent theory outlining what it is that government ordinarily or
properly does. Regulated entities are themselves the beneficiaries of statutory
limits on agency power — and of the common law — insofar as those sources of
law protect them from public or private incursions into their legally created
spheres. The beneficiaries are the objects of regulation insofar as positive law
authorizes ...

Life Sciences Law

Author: Roseann B. Termini
Publisher: Forti Publications
Size: 21.13 MB
Format: PDF, ePub, Mobi
View: 664
Download Read Online
agency its powers, and marks the limits of those powers. Some examples of
administrative agencies and ... While enabling acts can be amended from time to
time, expanding or contracting their power, agencies are never permitted to act
beyond the scope of their authority. A second source of administrative law and
the one important to practitioners before federal administrative agencies is the
Administrative Procedures Act of 1 946 (APA). During the Great Depression,
there was an ...

Florida State University Law Review

Size: 67.92 MB
Format: PDF, Mobi
View: 6748
Download Read Online
The federal and state governments have wrestled with these questions for years
and, over time, have adopted administrative procedure acts that reflect what they
believe is a proper balance between competing interests. In Florida we have
given different answers to the basic questions of administrative procedure than
have other jurisdictions.3 Our APA is more concerned with limiting agency power
and protecting individual interests than is the 1981 Model State Administrative ...

Methods Of Practice

Size: 18.76 MB
Format: PDF
View: 6539
Download Read Online
The enabling statute is one of the most important limits on the agency's power.
Administrative rules. The Minnesota Rules, those rules promulgated by state
administrative agencies and boards, are codified, published, and available on-
line. Any advocate involved in a dispute with an administrative agency should be
familiar with the rules that agency has promulgated generally, and fully cognizant
of the agency's rules governing its own dispute-resolution procedures. Relevant
case law ...