In this new edition, author Steven J. Cann once again enlivens the topic of United States administrative law through the use of recent and “classic” legal cases to make it accessible and interesting to students. Administrative Law, Fourth Edition is an engaging casebook that presents a unique problem-solving framework that contrasts democracy with the administrative state. This novel approach places the often complex subject matter of U.S. administrative law into a more comprehensible context. The Fourth Edition has been completely updated and revised and includes many new cases to reflect changes in the law since the year 2000. Each chapter begins with an interesting case that introduces key concepts followed by a summary of the principles, doctrines, and legal tests used by the courts in that area of administrative law.
New cases in the Fourth Edition include: Norton v. Southern Utah Wilderness Alliance, 2004. President Bush's Secretary of Interior made a decision to allow off-road vehicles in wilderness areas.; Pennsylvania State Police v. Suders, 2004. This is the Supreme Court's most recent sexual harassment case.; Correctional Services Corporation v. Malesko, 2001. Correctional Services Corporation is a private company that contracts with the federal government to run halfway houses. An employee's reckless disregard caused the plaintiff to have another heart attack.; Whitman v. American Trucking Association, 2001. The case involves the EPA's enforcement of the Clean Air Act and is the Supreme Court's most recent delegation of power case.
Administrative Law is an essential tool for those seeking to understand, or obliged to work within, its general principles. It is an excellent textbook for advanced undergraduate and graduate students studying administrative law in departments of political science and public administration.
Chapter 2: Executive Control of Bureaucracy
Executive Control of Bureaucracy
From Chapter 1, you learned that Congress passes broad and vague pieces of legislation and delegates the power to agencies to write rules, regulations, and standards that provide teeth to the legislation. Congress passes about 250 pieces of legislation a year (it has averaged 288 public laws per year over a 22-year period from 1975 to 1996).1 The bureaucracy, however, adopts nearly 4,000 rules in a year, filling 19,233 single-spaced pages in the Federal Register, and it has been estimated that the number of federal bureaucrats writing rules has grown to 122,000.2
One primary objective for a chief executive in gaining control over bureaucracy is to somehow control the rule-making power of the agencies. Although the president is the ...