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Gilbert Outline: Administrative Law

Topics Covered: Separation of Powers and Controls Over Agencies (including Delegation of Power); Constitutional Right to Hearing (including Liberty and Property Interests Protected by Due Process, and Rulemaking-Adjudication Distinction); Adjudication Under Administrative Procedure Act (APA); Formal Adjudication (including Notice, Discovery, Burden of Proof, Finders of Facts and Reasons); Adjudicatory Decision Makers (including Administrative Law Judges (ALJs)), Bias, Improper Influences, Ex Parte Communications, Familiarity with Record, Legal research and legal writing Judicicata); Rulemaking Procedures (including Notice, Public Participation, Publication, Impartiality of Rulemakers, Rulemaking Record); Obtaining Information (including Subpoena Power, Privilege Against Self-incrimination, Freedom of Information Act, Government in Sunshine Act, Attorneys’ Fees); Scope of Judicial Review; Reviewability of Agency Decisions (including Mandamus, Injunction, Sovereign Immunity, Federal Tort Claims Act); Standing to Seek Judicial Review and Timing. The casebook correlation chart includes the following casebooks: State and Federal Adminstrative Law by Bonfield and Asimow; Adminstrative Law and Regulatory Policy by Breyer and Stewart; Adminstrative Law by Gellhorn, Byse, Strauss, Rakoff and Schotland; The Administrative Process by Robinson, Gelhorn and Bruff; and Administrative Law by Schwartz. Includes 1996 Supplement.

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