The Legal Foundations Of Public Administration

The third edition of this highly respected textbook introduces students of public administration to the practical issues of administrative law. While useful to law school students, it is most relevant to public management students. The presentation provides a concise foundation to the history and theory of administrative law, rule making, and judicial decisions. The most important issues in administrative law are included--meaningful issues for present and future administrators. A larger number of recent cases and other up-to-date information will be found in the book in order to make the student aware of the kinds of legal problems likely to be encountered in public agencies.

Donald D. Barry is professor emeritus at Lehigh University.

Table of Cases

xv

Preface

xix

Acknowledgments

xxi

PART ONE The Development of Administrative Law

1

(48)

Administrative Authority and Law

3

(18)

Administrative Law as an Amalgam of Centrifugal Forces

3

(3)

Types of Agencies Encompassed by Administrative Law

4

(2)

Administrative Law as a Unified Subject

6

(1)

The Administrative Process

7

(3)

Delegation of Power

7

(1)

Judicial Review

7

(1)

Investigatory Power

8

(1)

Rules and the Rule-Making Process

8

(1)

The Right to Be Heard and Adjudicatory Policy Making

8

(1)

Informal Activity and the Exercise of Discretion

9

(1)

Remedies against Improper Administrative Acts

9

(1)

Open Government

9

(1)

The Political Component of Administrative Law

10

(6)

Dalton v. Specter

10

(3)

Weiner v. United States

13

(3)

A Note on Analyzing Court Cases

16

(5)

Briefing a Case

17

(4)

Origin and Development of the Administrative Process

21

(28)

Historical Development of the American Administrative Process

21

(7)

James O. Freedman, Crisis and Legitimacy: The Administrative Process and American Government

23

(2)

The Administrative Procedure Act of 1946

25

(3)

The Administrative Procedure Act at a Half Century

28

(16)

David H. Rosenbloom, 1946: Framing a Lasting Congressional Response to the Administrative State

29

(8)

Philip J. Harter, The APA at Fifty: A Celebration, Not a Puzzlement

37

(2)

Philip K. Howard, Keynote Address: Administrative Procedure and the Decline of Responsibility

39

(3)

Andrew F. Popper, Administrative Law in the 21st Century

42

(2)

A Century of Administrative Law Literature

44

(5)

Emergence of Administrative Law as a Recognized Component of American Public Law

44

(3)

Post--World War II Administrative Law Scholarship

47

(2)

PART TWO Legislative and Judicial Controls over the Administrative Process

49

(68)

Delegation of Power

51

(26)

Delegation by Congress

51

(4)

The Panama Case

52

(1)

The Schechter Case

52

(3)

Recent Judicial Views on Nondelegation

55

(3)

Admonitions to Congress

57

(1)

Judicial Narrowing of Congressional Delegation

58

(7)

Kent v. Dulles

58

(4)

Whitman, Administrator of Environmental Protection Agency v. American Trucking Associations, Inc.

62

(3)

The Legislative Veto

65

(5)

Immigration and Naturalization Service v. Chadha

66

(4)

Post-Chadha Delegation (Gramm-Rudman-Hollings)

70

(2)

Constitutional Objections to Gramm-Rudman-Hollings

70

(2)

Congressional Delegation to the Judiciary

72

(5)

Mistretta v. United States

72

(5)

Judicial Review of Administrative Determinations

77

(40)

The Common Law of Judicial Review

77

(4)

The Reviewability Question

78

(1)

Case Law Concerning Reviewability

78

(3)

Preclusion of Judicial Review

81

(5)

Bowen v. Michigan Academy of Family Physicians

83

(3)

Administrative Actions Committed by Law to Agency Discretion

86

(7)

Citizens to Preserve Overton Park, Inc. v. Volpe

87

(4)

Lincoln v. Vigil

91

(2)

A Sampling of Threshold Questions: Exhaustion and Standing

93

(10)

Exhaustion of Administrative Remedies

94

(1)

Porter v. Nussle

95

(3)

Standing

98

(1)

Bennett v. Spear

98

(5)

Scope of Judicial Review

103

(14)

Substantial Evidence

105

(1)

Universal Camera Corp. v. National Labor Relations Board

105

(4)

The Law-Fact Distinction

109

(1)

National Labor Relations Board v. Hearst Publications, Inc.

110

(4)

Scope of Judicial Review after the Chevron Case

114

(3)

PART THREE The Internal Administrative Process

117

(114)

Investigatory Power

119

(26)

Overview of the Internal Administrative Process

119

(2)

The Subpoena Power and Related Processes

121

(3)

Federal Trade Commission v. American Tobacco Co.

121

(1)

Oklahoma Press Pub. Co. v. Walling

122

(2)

Legality of Investigative Devices

124

(4)

United States v. Euge

125

(3)

The Inspection of Premises

128

(8)

Camara v. Municipal Court of the City and County of San Francisco

129

(3)

Warrants in Administrative Investigations

132

(1)

Marshall v. Barlow's, Inc.

133

(3)

Subpoenas and Inspections: Diverging Trends?

136

(9)

New York v. Burger

138

(4)

Donovan v. Lone Steer, Inc.

142

(3)

Rules and Rule Making

145

(28)

The United States Quickly Amends a Rule

145

(2)

Rules in General

147

(5)

Three Kinds of Rules

148

(2)

United States v. Picciotto

150

(2)

Rule Making

152

(10)

Notice and Comment

153

(1)

Exemptions to Notice and Comment and Other Rule-Making Procedures

154

(1)

Informal and Formal Rule Making

155

(2)

United States v. Florida East Coast Ry. Co.

157

(3)

Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc.

160

(2)

Deregulation and Rule Making

162

(4)

Motor Vehicle Manufacturers Association v. State Farm Mutual Automobile Insurance Company

163

(3)

Rule Making and Its Control

166

(6)

The Role of Congress

167

(4)

The Role of the President

171

(1)

The Role of the Courts

172

(1)

Conclusion

172

(1)

The Right to Be Heard and Adjudicatory Policy Making

173

(32)

The Right to Be Heard

173

(11)

The Right-Privilege Distinction

174

(1)

Goldberg v. Kelly

175

(2)

Mathews v. Eldridge

177

(4)

Application of the Mathews Doctrine

181

(1)

Hodel v. Virginia Surface Mining and Reclamation Association, Inc.

182

(2)

Civil Forfeiture and Due Process

184

(6)

United States v. James Daniel Good Real Property

186

(4)

Degree of Formality

190

(5)

Goss v. Lopez

191

(4)

Adjudication and Policy Making

195

(10)

Securities and Exchange Commission v. Chenery Corporation

196

(9)

Informal Activity and the Exercise of Discretion

205

(26)

Advice from Governmental Officials: An Example of Informal Activity

207

(11)

Estopping the Government

207

(1)

Office of Personnel Management v. Richmond

208

(5)

Barry I. Fredericks v. Commissioner of Internal Revenue

213

(4)

Estoppel Remedies without Estoppel

217

(1)

Discretion and Its Control

218

(10)

Securities and Exchange Commission v. Sloan

220

(3)

Elian Gonzalez v. Reno

223

(5)

Informal Remedies: Ombudsmen and Others

228

(1)

Conclusion

229

(2)

PART FOUR Remedies

231

(44)

Remedies against Improper Administrative Acts

233

(28)

Declaratory and Injunctive Relief

233

(1)

Tort Suits against the Government

234

(9)

Dalehite v. United States

236

(2)

Effects of the Dalehite Case

238

(5)

State Tort Liability

243

(1)

The Liability of Individual Officers

244

(11)

Liability of Judges

245

(1)

Stump v. Sparkman

245

(5)

Liability of Legislators

250

(1)

Liability of Other Officials

251

(1)

Richardson v. McKnight

252

(2)

Bivins Actions

254

(1)

The Integration of Government and Officers' Liability

255

(1)

Legislation Protecting Government Employees from Liability

255

(1)

Liability under Section 1983

255

(1)

Paying Judgments against Officials from Public Funds

256

(1)

Where Does Liability Go from Here?

256

(5)

Private Legislation and Administrative Settlement of Claims

258

(3)

Open Government

261

(14)

The Freedom of Information Act

261

(5)

Environmental Protection Agency v. Mink

262

(2)

Amendments to the Freedom of Information Act

264

(2)

The Privacy Act

266

(5)

United States Department of Defense v. Federal Labor Relations Authority

267

(4)

Sunshine Acts

271

(1)

Executive Privilege

272

(1)

Conclusion

273

(2)

APPENDIXES

275

(76)

A Source Materials in Administrative Law, by Roseann Bowerman

277

(8)

B Administrative Procedure Act

285

(48)

C The Constitution of the United States of America

333

(18)

Index

351

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