Administrative law, the American public law system : Cases and materials

목차 (Table of Contents)

• CONTENTS
• PREFACE TO SECOND EDITION = xvii
• PREFACE TO FIRST EDITION = xxi
• ACKNOWLEDGEMENTS = xxv
• TABLE OF CASES = xxxix
• PART Ⅰ. POLITICAL CONTROL OF ADMINISTRATION
• Chapter 1. The Legislative Connection = 2
• A. Statutory Vagueness and Its Antidotes = 2
• 1. The "Non-Delegation" Doctrine = 2
• Amalgamated Meat Cutters v. Connally = 6
• Economic Stabilization Act of 1970 = 15
• Notes = 16
• Sun Ray Drive-In Dairy, Inc. v. Oregon Liquor Control Commission = 19
• Notes = 23
• Delegation, Representation, and Good Government = 24
• 2. The "Legislative Veto" = 31
• Immigration and Naturalization Service c. Chadha = 31
• Notes = 43
• B. Pervasive Methods of Legislative Control = 48
• 1. The Statutory Environment of Federal Administration = 48
• Procedure Statutes = 49
• Administrative Procedure Act = 49
• Federal Register Act = 51
• Freedom of Information Act = 51
• Government in the Sunshine Act = 53
• Federal Advisory Committee Act = 54
• Privacy Act = 55
• General Statutes Addressed to the Substance of Agency Decisions = 55
• National Environmental Policy Act = 56
• Regulatory Flexibility Act = 58
• Paperwork Reduction Act = 60
• Statutes Safeguarding the Integrity of Agency Decisionmakers = 60
• 2. Congressional Choice of Agency Structure and Location = 64
• "Independent" Status = 66
• Collegial Form = 69
• Departmental Location = 69
• Designation of Authority = 69
• Budgetary Oversight = 71
• Power to Conduct Litigation = 71
• Other Structural Choices = 72
• 3. Legislative Oversight, Casework, and Influence = 74
• Pillsbury Co. v. FTC = 78
• D.C. Federation of Civic Ass'ns v. Volpe = 80
• American Public Gas Assoc. v. Federal Power Commission = 81
• C. Statutory Precision and Its Consequences = 83
• 1. Irrebuttable Presumptions = 83
• U.S. Department of Agriculture v. Murry = 83
• Note, The Irrebuttable Presumption Doctrine in the Supreme Court = 88
• Notes = 91
• 2. The Decisive Delaney Clause = 92
• Saccharin Ban Moratorium : House Report 95-658 = 92
• Notes = 95
• Hearing Before the Subcommittee on Health and Environment of the House Committee on Interstate and Foreign Commerce(6/27/77) = 98
• Hearing Before the Subcommittee on Health and the Environment of the House Committee on Interstate and Foreign Commerce(4/11/79) = 100
• Problem = 103
• L. Lave, The Strategy of Social Regulation = 103
• Chapter 2. Executive Supervision of Administrative Action = 110
• A. Appointment and Removal of Officers = 112
• Humphrey's Executor v. United States = 112
• Notes = 116
• Buckley v. Valeo = 119
• Notes = 125
• B. Executive Direction of Agency Action = 132
• Youngstown Sheet & Tube Co. v. Sawyer = 132
• Notes = 139
• Executive Order 12,291 = 143
• The Constitutional Status of Executive Order No. 12,291 = 146
• Memorandum for Honorable David Stockman = 150
• Administrative Organization and the Chief Executive = 155
• PART Ⅱ. ADMINISTRATIVE PROCEDURE AND JUDICIAL REVIEW
• Chapter 3. Formal Agency Adjudication = 174
• A. The Right to Trial-Type Hearings = 176
• Goldberg v. Kelly = 182
• Notes = 191
• Mathews v. Eldrige = 195
• Notes = 204
• Califano v. Yamasaki = 207
• Notes = 211
• O'Bannon v. Town Court Nursing Center = 212
• "Live, Liberty or Property = 219
• B. Bureaucratic Decisionmaking and Formal Adjudication = 224
• 1. General Concerns = 224
• Mashaw, Bureaucratic Justice = 225
• 2. Tensions Between Administration and Adjudication = 228
• Hierarchy Versus Personal Judgment = 228
• Factual Context Versus Policy Implementation = 229
• Neutrality Versus Institutional Intelligence = 232
• Attorney General's Committee on Administrative Procedure, Administrative Procedure in Government Agencies = 233
• Notes = 236
• 3. The Social Security Administration and Its Administrative Law Judges = 239
• Nash v. Califano = 241
• Notes = 245
• Heckler v. Campbell = 246
• Notes = 249
• C. Judicial Review of Agency Adjudication = 250
• NLRB v. Hearst Publications = 252
• National Labor Relations Board v. Bell Aerospace Co. = 262
• The Impact of Judicial Review of Agency Adjudication = 267
• D. Avoiding Formal Adjudication by Making Rules = 273
• 1. The Effect of Agency Rules = 273
• National Petroleum Refiners Ass 'n v. Federal Trade Commission = 274
• Notes = 281
• 2. FDA Implementation of the 1962 Drug Amendments = 285
• The Regulatory Scheme for Therapeutic Drugs = 285
• The NAS-NRC Efficacy Review = 288
• Legal Impediments to FDA Implementation = 294
• Hynson, Westcott and Dunning, Inc. v. Richardson = 294
• Notes = 296
• The Attempt to Accelerate FDA Action = 298
• Weinberger v. Hynson, Westcott and Dunning, Inc. = 300
• Weinberger v. Bentex Pharmaceuticals, Inc. = 304
• Notes = 306
• FDA's Subsequent Experience With Summary Judgment = 307
• Status of the NAS-NRC Review = 311
• Administrative Summary Judgment Without Rules = 313
• Chapter 4. Administrative Rulemaking = 317
• A. Judicial Review of the Substance of Agency Rules = 318
• 1. Constitutional Limits on the Rationality of Agency Rules = 319
• Pacific States Box & Basket Co. v. White = 319
• Notes = 321
• 2. Substantive Review of Agency Rules Under the APA = 322
• Automotive Parts & Accessories Ass'n. v. Boyd = 323
• Notes = 333
• National Tire Dealers & Retreaders Ass'n v. Brinegar = 335
• Notes = 340
• Motor Vehicles Mfrs. Ass'n. v. State Farm Mutual Insurance Co. = 343
• Notes = 352
• Industrial Union Dept., AFL-CIO v. American Petroleum Inst. = 354
• Notes = 374
• Rogers, Judicial Review of Risk Assessments : The Role of Decision Theory in Unscrambling the Benzine Decision = 381
• Congressional Proposals to Intensify Judicial Review of Agency Decisions = 383
• B. The Choice Between Rulemaking and Adjudication = 385
• 1. The NLRB's Proclivity for Adjudication = 385
• National Labor Relations Board v. Wyman-Gordon Co = 387
• Notes = 393
• 2. Required Rulemaking = 399
• Morton v. Ruiz = 399
• Notes = 402
• Implementing Policy Without Making Rules = 406
• Agencies' Obligations to Comply With Their Own Rules = 408
• C. Procedures for Agency Rulemaking = 413
• 1. Introduction = 413
• 2. The APA's Dichotomous Rulemaking Models = 415
• 3. Rulemaking on a Record = 418
• Wirtz v. Baldor Electric Co. = 418
• Notes = 422
• United States v. Florida East Coast Ry. Co. = 425
• Note = 431
• 4. Evolution of Informal Rulemaking Under Section 553 = 432
• Coverage of Section 553 = 432
• The Evolving Judicial Understanding of Section 553 = 439
• United States v. Nova Scotia Food Products Corp.= 440
• Notes = 446
• Persistent Issues in Federal Agency Rulemaking = 447
• Judicial Demands for Oral Hearings = 458
• Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc. = 461
• Notes = 466
• Ex Parte Contracts and Adversarial Comment = 470
• Notes = 473
• White House Oversight and Ex Parte Contracts = 475
• Sierra Club v. Costle = 476
• Notes = 489
• Official Bias and Prejudgment = 489
• Association of National Advertisers, Inc. v. FTC = 489
• Reforms of Federal Agency Rulemaking = 498
• Chapter 5. Government Information Acquisition and Disclosure = 508
• A. Investigation and Discovery = 508
• 1. Authority to Subpoena Witnesses and Documents = 509
• The Judicial Role in Enforcement of Agency Subpoenas = 514
• Germane to a Lawful Subject of Inquiry = 517
• Specific and Not Unreasonably Burdensome = 518
• Issued by Proper Authority = 519
• Notice of Investigation = 520
• Recognition of Constitutional and Other Privileges = 521
• Responsibility for Enforcement = 523
• 2. Reporting and Record-Keeping Requirements = 523
• Basic Doctrine = 524
• Fifth Amendment Limits = 526
• Notes = 528
• Required Records of Unlawful Activity = 529
• Notes = 531
• Costs of Government-Mandated Records and Reports = 533
• 3. Physical Inspections = 537
• Basic Premises = 538
• Notes = 541
• Exceptions and Elaborations = 542
• Notes = 545
• Contemporary Doctrine = 546
• Marshall v. Barlow's, Inc. = 546
• Notes = 555
• Donovan v. Dewey = 557
• Notes = 560
• B. Access to Information Held by the Federal Government = 561
• 1. Claims to Access to Government Information = 562
• 2. The Federal Freedom of Information Act = 564
• G. Robinson, Access to Government Information : The American Experience = 565
• 3. Balancing Government Interests in Confidentiality = 569
• NLRB v. Sears, Roebuck & Co. = 569
• Notes = 579
• Executive Privilege = 585
• Judicial Techniques for Monitoring Agency Compliance With the FOIA = 587
• Scope of Judicial Discretion to Refuse to Order Mandatory Disclosures = 589
• NLRB v. Robbins Tire & Rubber Co. = 591
• Notes = 599
• 4. Protecting Private Interests in Information in the Government's Possession = 600
• Chrysler Corp. v. Brown = 600
• Notes = 606
• Exemption of Proprietary Information = 606
• Protection of Personal Privacy = 608
• 5. Impact and Reform of the FOIA = 610
• Robinson, Access to Government Information : The American Experience = 613
• PART Ⅲ. PUBLIC LAW REMEDIES
• Chapter 6. Suits to Review Administrative Action = 623
• A. Introduction = 623
• 1. Sovereign Immunity, Jurisdiction, and Modes of Judicial Review = 624
• 2. Presumptive Review = 628
• Citizens to Preserve Overton Park, Inc. v. Volpe = 629
• Notes = 633
• B. Standing to Obtain Review = 639
• 1. Standing Prior to the APA = 639
• Notes = 644
• 2. Standing Under the APA = 645
• Association of Data Processing Service Organizations, Inc. v. Camp. = 645
• Barlow v. Collins = 648
• Notes = 652
• Sierra Club v. Morton = 653
• Notes = 656
• 3. Causality, Nexus, and Redressability = 658
• Simon v. Eastern Ky. Welfare Rights Organization = 660
• Notes = 665
• Valley Forge Christian College v. Americans United For Separation of Church and State = 671
• Notes = 675
• Havens Realty Corp. v. Coleman = 676
• Notes = 681
• C. Reviewability = 688
• 1. Statutory Preclusion of Review = 688
• Johnson v. Robinson = 690
• Notes = 692
• Constitutional Restraints on Statutory Preclusion of Review = 694
• Exclusive Routes of Judicial Review = 696
• 2. Decisions "Committed to Agency Discretion" by Law = 698
• Discretionary Grants and Government Contracts = 701
• Public Lands and NEPA = 703
• Defense and Foreign Affairs = 704
• Presidential Powers and Political Questions = 705
• Certification of Bargaining Units = 705
• 3. Review of Agency Inaction = 706
• Enforcement Discretion = 706
• Dunn v. Retail Clerks International Ass'n = 706
• Notes = 708
• Bachowski v. Brennan = 712
• Dunlop v. Bachowski = 715
• Notes = 717
• Chaney v. Heckler = 723
• Notes = 727
• Heckler v. Chaney = 727
• Discretion to Regulate = 733
• Natural Resources Defense Council v. S.E.C. = 733
• Notes = 739
• D. Timing of Judicial Review = 746
• 1. The "Final Order" Doctrine = 746
• Environmental Defense Fund, Inc. v. Hardin = 746
• Notes = 749
• Environmental Defense Fund, Inc. v. Ruckelshaus = 750
• Notes = 753
• 2. Pre-Enforcement Review = 754
• Abbott Laboratories v. Gardner = 754
• Toilet Goods Ass'n v. Gardner = 761
• Notes = 766
• 3. Exhaustion of Administrative Remedies = 769
• Federal Trade Commission v. Standard Oil Co. = 769
• Notes = 776
• McKart v. United States = 779
• Chapter 7. Damage Actions Against the Federal Government and Its Officers = 783
• A. Damage Actions Against the Government = 783
• 1. The Tucker Act = 784
• United States v. Mitchell = 785
• 2. The Federal Tort Claims Act = 791
• United States v. S.A. Empresa de Viacao Aerea Rio Grandense(Varig Airlines) et al. = 792
• Notes = 801
• B. Suits Against Federal Officers = 805
• 1. Common Law Actions Against Government Officers : Official Immunity = 805
• Gregoire v. Biddle = 807
• Barr v. Matteo = 809
• Notes = 815
• 2. Constitutional Actions Against Federal Officers = 817
• Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics = 818
• Notes = 827
• Butz v. Economou = 827
• Notes = 840
• Chapter 8. Beneficiary Enforcement of Public Law = 844
• A. Explicit Remedies = 844
• B. Implied Rights of Action = 847
• 1. The Borak Doctrine = 847
• J. I. Case Co. v. Borak = 847
• Implication Analysis and Federal Common Law = 851
• National R.R. Passenger Corp. v. National Ass'n of R.R. Passengers = 855
• Cort v. Ash = 861
• Notes = 865
• Cannon v. University of Chicago = 866
• Notes = 876
• C. Beneficiary Enforcement Under 42 U.S.C.A. § 1983 = 878
• Maine v. Thiboutot = 878
• Notes = 889
• Penhurst State School and Hospital v. Halderman = 893
• D. Substitution of Public for Private Rights = 910
• 1. Primary Jurisdiction = 910
• Nader v. Allegheny Airlines, Inc. = 910
• Origins and Rationales of Primary Jurisdiction = 916
• 2. Legislative Supersession of Common Law Rights = 920
• Middlesex Cty. Sewerage Authority v. National Sea Clammers Ass'n = 920
• Notes = 929
• Appendices
• A. The Constitution of the United States of America = 935
• B. Selected Provisions of Title 28, U.S.C = 939
• C. Administrative Procedure Act 5 U.S.C., Chapter 5 = 943
• INDEX = 967