This lesson examines the "informal" rulemaking process. Under the Administrative Procedure Act, this type of rulemaking is also called "notice and comment" rulemaking.
Read moreIn this lesson, we explore issues relating to judicial review of an agency's issuance of a "legislative" rule -- a rule issued as a result of the federal Administrative Procedure Act's rulemaking procedures.
Read moreThis lesson explores issues relating to the United States Supreme Court's landmark decision in Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984).
Read moreThis lesson focuses on the presidential power to appoint executive branch officials. It focuses on the scope of the presidential power, congressionally imposed limits on that power, and potential infringements of the power by Congress and the judiciary. This lesson is intended for students who have studied these issues in class, and who wish to further refine their knowledge.
Read moreThis lesson deals with the "committed to agency discretion" exception to judicial review. Under the federal Administrative Procedure Act, courts tend to assume that administrative action is subject to review. However, there are several situations when courts will decline to exercise their review authority. One of those situations is the subject of this lesson: when administrative action has been committed to agency discretion by law.
Read moreA critical issue that arises in many administrative cases is the question of constitutional standing to litigate. At its most basic, standing is the requirement that a litigant must have a sufficient interest in the outcome of the litigation in order to be entitled to sue. This lesson provides an introduction to constitutional standing issues and provides the basis for more in depth review in subsequent lessons. The lesson is intended for students who have studied these issues in class and who wish to further refine their knowledge.
Read moreThe subject of "unlawful delegation" of powers is an important issue in both constitutional and administrative law. Not infrequently, Congress attempts to delegate its legislative authority to an administrative agency or to the courts. Sometimes, Congress attempts to delegate judicial power to administrative agencies. In this lesson, we explore the legality of such delegations. This lesson is intended for students who have studied these issues in class, and wish to refine their knowledge.
Read moreThis lesson deals with the topic of administrative inspections. Governmental officials conduct inspections in a variety of contexts. Some of these inspections are conducted by the police.
Read moreThis lesson examines several status issues that arise in standing cases. In a prior lesson, we examined two contexts in which individuals might seek standing: taxpayer standing and citizen standing. In this lesson, we examine two other situations that may arise: the right of associations to sue on behalf of their members, and the rights of individuals to assert the interests of third parties. This lesson is intended for students who have studied these issues in class and who are seeking to further refine their knowledge and grasp of the area.
Read moreThis lesson examines the so-called "deliberative process privilege" (DPP) (a/k/a, "predecisional and deliberative privilege").
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