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 6: Informal Agency Activity
Informal Agency Activity
You are already somewhat familiar with the Administrative Procedure Act. In Chapter 3, you learned that the Act imposed standardized decision-making procedures on all federal agencies. In Chapter 4, you became aware of the different standards of court review of agency activity imposed by the Act. Agency decisions resulting from a quasi-judicial hearing require the substantial evidence test, and quasi-legislative decisions are subject to the arbitrary and capricious standard of court review. In the preceding chapter, you became familiar with the Freedom of Information Act (FOIA), which is also part of the Administrative Procedure Act. The next chapter will deal in depth with the Administrative Procedure Act, but because some terms sound similar, you need to know enough about the ...