This document provides an overview and introduction to the course Introduction to Administrative Law. It discusses the key topics that administrative law deals with, including the formation, staffing, and funding of agencies, rulemaking and adjudications by agencies, and judicial review of agency actions. It outlines reasons for studying administrative law and different areas of practice. It also describes the approach and materials for the course, including a focus on both legal and policy issues in administrative law.
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Chapter 13:The Bureaucracy
ADA Text Version
Learning Objectives
1. Describe the formal organization of the federal bureaucracy.
2. Classify the vital functions performed by the bureaucracy.
3. Explain the present Civil Service system and contrast it with the 19th century spoils system.
4. Identify the various factors contributing to bureaucracy's growth over time.
5. Compare the means by which Congress and the president attempt to maintain control over the bureaucracy.
6. Analyze and evaluate the problems that bureaucratic organization poses for American democracy.
Introduction
The very word "bureaucracy" often carries negative connotations. To refer to an institution as a "bureaucracy" or characterize it as "bureaucratic" is usually intended as an insult. But the national bureaucracy, sometimes called the "fourth branch of government", is responsible for practically all of the day-to-day work of governing the country. While bureaucracy in the United States, consistent with our tradition of more limited government, is smaller than its counterparts in other longstanding democracies, its influence extends to almost every corner of American society. From delivery of the mail to regulation of the stock market to national defense, federal employees plan, regulate, adjudicate, enforce, and implement federal law. Despite recurrent calls to "shrink" the size of government, the federal bureaucracy remains the largest single employer in the United States. This lesson examines the bureaucracy's formal organization, its critical role in the American economy and society, and its perceived weaknesses.
Study Questions
1. How did sociologist Max Weber define bureaucracy?
2. Identify the various functions federal bureaucracies perform giving at least one example each:
a. Implementation
b. Regulation
c. Adjudication
d. Enforcement
e. Policy-making
3. How many people does the federal government employ? For what percentage of GDP does federal spending account? How does this compare to other economically advanced democracies?
4. Classify and distinguish the major types of bureaucracy in the federal government:
a. Cabinet Departments
b. Independent Agencies
c. Independent Regulatory Commissions
d. Government Corporations
5. How does the federal bureaucracy select and recruit personnel? Contrast the present civil service system with the spoils system. What advantages does the present system provide?
6. What factors explain the growth of bureaucracy over time despite recurrent calls for limiting the size of government?
7. Identify those factors in the budget process making it difficult to cut bureaucratic funding.
8. Describe the way Congress authorizes funding for the federal bureaucracy.
9. How does Congress attempt to control the federal bureaucracy?
10. How does the president attempt to control the federal bureaucracy?
11. What special problems does bureaucratic independence present in a democracy? Discuss with re.
Legal Environment of BusinessAdministrative AgenciesProf.docxcroysierkathey
Legal Environment of Business
Administrative Agencies
Professor Alexandria Zylstra
Importance of Administrative Law
Administrative law is created by administrative agencies which regulate many aspects of business.
Administrative agencies are created by the legislative branch via enabling legislation.
Those agencies create rules and regulations, as well as judicial orders and decisions that are binding law.
Administrative agencies have immense authority: rulemaking, enforcement, and adjudication
History
Agency Creation and Powers
Example of Enabling Legislation.
Environmental Protection Agency (EPA) has authority to:
create standards and regulations for the purpose of carrying out 18 federal laws related to the environment
conduct investigations of business practices, both on and off-site.
obtain reports from interstate corporations concerning their business practices.
investigate possible violations of federal environmental laws.
publish findings of its investigations.
recommend new legislation.
hold hearings to resolve disputes.
Agency Creation and Powers
Agency Powers and the Constitution
Constitutional issues:
Delegation doctrine
Legislative Rules passed by Admin Agencies: are legally binding, just as laws passed by Congress.
Executive Controls: Presidential veto over enabling or modification statutes; and appointment powers (as to members of executive agencies – HHS, FDA, etc)
Legislative Controls: can abolish an agency, modify it, or de-fund it; can also investigate and freeze rule enforcement
Judicial Controls:
Exhaustion Doctrine: party seeking court review must first exhaust all administrative remedies before filing suit.
Judicial deference after the Chevron v NRDC (1984) case.
Issue
In Chevron, the EPA interpreted the facts AND the law. Can they do that?
The U.S. Supreme Court held that a federal agency could interpret law when the meaning of a statute’s language is unclear, so long as the interpretation is reasonable.
Administrative Procedure Act – Rulemaking Authority
In the absence of agency-specific Congressional direction, all federal agencies must follow APA procedural requirements in notice, rulemaking, and adjudication.
Rulemaking: formulation of new regulation
Notice and Comment Rulemaking involves three steps:
Notice of the Proposed Rulemaking
Comment Period (usually 30-60 days)
The Final Rule – published in Code of Federal Regulations
APA - Agency Enforcement and Adjudication
Investigation includes the powers to:
conduct inspections
issue subpoenas/request search warrants
Adjudication
Negotiated Settlement
Formal Complaint
Hearing
Agency Order: initial and final
Laws designed to make agencies more accountable through public scrutiny
Freedom of Information Act
Government in the Sunshine Act
Legal Environment of Business
Administrative Agencies
Professor Alexandria Zylstra
Importance of Administrative Law
Administrative law is created by administrative age ...
Scanned by CamScannerScanned by CamScannerChapte.docxtodd331
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Chapter 13:The Bureaucracy
ADA Text Version
Learning Objectives
1. Describe the formal organization of the federal bureaucracy.
2. Classify the vital functions performed by the bureaucracy.
3. Explain the present Civil Service system and contrast it with the 19th century spoils system.
4. Identify the various factors contributing to bureaucracy's growth over time.
5. Compare the means by which Congress and the president attempt to maintain control over the bureaucracy.
6. Analyze and evaluate the problems that bureaucratic organization poses for American democracy.
Introduction
The very word "bureaucracy" often carries negative connotations. To refer to an institution as a "bureaucracy" or characterize it as "bureaucratic" is usually intended as an insult. But the national bureaucracy, sometimes called the "fourth branch of government", is responsible for practically all of the day-to-day work of governing the country. While bureaucracy in the United States, consistent with our tradition of more limited government, is smaller than its counterparts in other longstanding democracies, its influence extends to almost every corner of American society. From delivery of the mail to regulation of the stock market to national defense, federal employees plan, regulate, adjudicate, enforce, and implement federal law. Despite recurrent calls to "shrink" the size of government, the federal bureaucracy remains the largest single employer in the United States. This lesson examines the bureaucracy's formal organization, its critical role in the American economy and society, and its perceived weaknesses.
Study Questions
1. How did sociologist Max Weber define bureaucracy?
2. Identify the various functions federal bureaucracies perform giving at least one example each:
a. Implementation
b. Regulation
c. Adjudication
d. Enforcement
e. Policy-making
3. How many people does the federal government employ? For what percentage of GDP does federal spending account? How does this compare to other economically advanced democracies?
4. Classify and distinguish the major types of bureaucracy in the federal government:
a. Cabinet Departments
b. Independent Agencies
c. Independent Regulatory Commissions
d. Government Corporations
5. How does the federal bureaucracy select and recruit personnel? Contrast the present civil service system with the spoils system. What advantages does the present system provide?
6. What factors explain the growth of bureaucracy over time despite recurrent calls for limiting the size of government?
7. Identify those factors in the budget process making it difficult to cut bureaucratic funding.
8. Describe the way Congress authorizes funding for the federal bureaucracy.
9. How does Congress attempt to control the federal bureaucracy?
10. How does the president attempt to control the federal bureaucracy?
11. What special problems does bureaucratic independence present in a democracy? Discuss with re.
Legal Environment of BusinessAdministrative AgenciesProf.docxcroysierkathey
Legal Environment of Business
Administrative Agencies
Professor Alexandria Zylstra
Importance of Administrative Law
Administrative law is created by administrative agencies which regulate many aspects of business.
Administrative agencies are created by the legislative branch via enabling legislation.
Those agencies create rules and regulations, as well as judicial orders and decisions that are binding law.
Administrative agencies have immense authority: rulemaking, enforcement, and adjudication
History
Agency Creation and Powers
Example of Enabling Legislation.
Environmental Protection Agency (EPA) has authority to:
create standards and regulations for the purpose of carrying out 18 federal laws related to the environment
conduct investigations of business practices, both on and off-site.
obtain reports from interstate corporations concerning their business practices.
investigate possible violations of federal environmental laws.
publish findings of its investigations.
recommend new legislation.
hold hearings to resolve disputes.
Agency Creation and Powers
Agency Powers and the Constitution
Constitutional issues:
Delegation doctrine
Legislative Rules passed by Admin Agencies: are legally binding, just as laws passed by Congress.
Executive Controls: Presidential veto over enabling or modification statutes; and appointment powers (as to members of executive agencies – HHS, FDA, etc)
Legislative Controls: can abolish an agency, modify it, or de-fund it; can also investigate and freeze rule enforcement
Judicial Controls:
Exhaustion Doctrine: party seeking court review must first exhaust all administrative remedies before filing suit.
Judicial deference after the Chevron v NRDC (1984) case.
Issue
In Chevron, the EPA interpreted the facts AND the law. Can they do that?
The U.S. Supreme Court held that a federal agency could interpret law when the meaning of a statute’s language is unclear, so long as the interpretation is reasonable.
Administrative Procedure Act – Rulemaking Authority
In the absence of agency-specific Congressional direction, all federal agencies must follow APA procedural requirements in notice, rulemaking, and adjudication.
Rulemaking: formulation of new regulation
Notice and Comment Rulemaking involves three steps:
Notice of the Proposed Rulemaking
Comment Period (usually 30-60 days)
The Final Rule – published in Code of Federal Regulations
APA - Agency Enforcement and Adjudication
Investigation includes the powers to:
conduct inspections
issue subpoenas/request search warrants
Adjudication
Negotiated Settlement
Formal Complaint
Hearing
Agency Order: initial and final
Laws designed to make agencies more accountable through public scrutiny
Freedom of Information Act
Government in the Sunshine Act
Legal Environment of Business
Administrative Agencies
Professor Alexandria Zylstra
Importance of Administrative Law
Administrative law is created by administrative age ...
Chapter Eighteen The Law of Administrative AgenciesIntroduction to.docxbissacr
Chapter Eighteen The Law of Administrative AgenciesIntroduction to Administrative Law and Administrative AgenciesAdministrative Law
For the purposes of this text, administrative law is defined broadly as any rule (statute or regulation) that affects, directly or indirectly, an administrative agency. These rules may be procedural or substantive, and they may come from the legislative, executive, or judicial branch of government or from the agencies themselves. Such rules may be promulgated at the federal, state, or local levels. A procedural rule generally has an impact on the internal processes by which the agencies function or prescribes methods of enforcing rights. For example, under the Administrative Procedure Act (APA), a federal administrative agency must give adequate notice to all parties involved in an agency hearing. A substantive rule defines the rights of parties. An example is an act of Congress that forbids the FTC from applying the antitrust laws to all the Coca-Cola bottlers in the United States. In this instance, the rights and regulations of both the FTC and the Coca-Cola bottlers were defined by Congress.
administrative law
Any rule (statute or regulation) that directly or indirectly affects an administrative agency.
procedural rule
A rule that governs the internal processes of an administrative agency.
substantive rule
A rule that creates, defines, or regulates the legal rights of administrative agencies and the parties they regulate.Critical Thinking About The Law
As a future business leader, you will certainly encounter many governmental regulations. Congress created administrative agencies, in part, because it could not hope to address the enormous variety and number of concerns that are now covered by administrative agencies. Although you will not learn about every administrative agency in this chapter, you can jump-start your thinking about administrative agencies by answering these critical thinking questions.
1. Your roommate states that people do not have to follow the regulations passed by administrative agencies because these regulations are not laws. She argues that only Congress can make laws. Which critical thinking question could be applied to settle this disagreement?
Clue: Do you and your roommate agree on the meaning of the words she is using?
2. Some individuals may argue that the creation of regulations by administrative agencies promotes unfair restrictions on business. What ethical norm seems to be behind this thought?
Clue: If you want fewer restrictions from the government, what ethical norm is influencing your thought? What ethical norm seems to conflict with the wish for fewer governmental regulations?
3. Congress assumes that the administrative agencies will address problems effectively in their respective areas. For example, the EPA ensures compliance with environmental laws. If Matt makes the assumption that environmental problems are so complex and widespread that the EPA could not hope to ma.
Chapter Eighteen The Law of Administrative AgenciesIntroduction to.docxmccormicknadine86
Chapter Eighteen The Law of Administrative AgenciesIntroduction to Administrative Law and Administrative AgenciesAdministrative Law
For the purposes of this text, administrative law is defined broadly as any rule (statute or regulation) that affects, directly or indirectly, an administrative agency. These rules may be procedural or substantive, and they may come from the legislative, executive, or judicial branch of government or from the agencies themselves. Such rules may be promulgated at the federal, state, or local levels. A procedural rule generally has an impact on the internal processes by which the agencies function or prescribes methods of enforcing rights. For example, under the Administrative Procedure Act (APA), a federal administrative agency must give adequate notice to all parties involved in an agency hearing. A substantive rule defines the rights of parties. An example is an act of Congress that forbids the FTC from applying the antitrust laws to all the Coca-Cola bottlers in the United States. In this instance, the rights and regulations of both the FTC and the Coca-Cola bottlers were defined by Congress.
administrative law
Any rule (statute or regulation) that directly or indirectly affects an administrative agency.
procedural rule
A rule that governs the internal processes of an administrative agency.
substantive rule
A rule that creates, defines, or regulates the legal rights of administrative agencies and the parties they regulate.Critical Thinking About The Law
As a future business leader, you will certainly encounter many governmental regulations. Congress created administrative agencies, in part, because it could not hope to address the enormous variety and number of concerns that are now covered by administrative agencies. Although you will not learn about every administrative agency in this chapter, you can jump-start your thinking about administrative agencies by answering these critical thinking questions.
1. Your roommate states that people do not have to follow the regulations passed by administrative agencies because these regulations are not laws. She argues that only Congress can make laws. Which critical thinking question could be applied to settle this disagreement?
Clue: Do you and your roommate agree on the meaning of the words she is using?
2. Some individuals may argue that the creation of regulations by administrative agencies promotes unfair restrictions on business. What ethical norm seems to be behind this thought?
Clue: If you want fewer restrictions from the government, what ethical norm is influencing your thought? What ethical norm seems to conflict with the wish for fewer governmental regulations?
3. Congress assumes that the administrative agencies will address problems effectively in their respective areas. For example, the EPA ensures compliance with environmental laws. If Matt makes the assumption that environmental problems are so complex and widespread that the EPA could not hope to ma ...
8/15/2019 Print
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Chapter 5
Administrative Law
Administrative law governs and de�ines the powers of government agencies. A number of political and technological factors have led to an explosion in
the growth of government since the turn of the 20th century, at both the federal and state levels. Even though these bureaucracies fall under the executive
or legislative branch, their rapid growth has given rise to what is commonly referred to as the "fourth branch of government": administrative agencies.
8/15/2019 Print
https://content.ashford.edu/print/AUBUS670.12.2?sections=ch05,sec5.1,sec5.2,sec5.3,ch05summary,unit02&content=all&clientToken=49039f02-3ec… 2/12
Comstock/Thinkstock
The Internal Revenue Service is one example of an
agency created by the federal government to expand
its regulatory power.
5.1 What Is the Purpose of an Administrative Agency?
Beginning in the 1930s, the federal government has been steadily expanding its regulatory powers
over business and individuals through the creation of agencies such as the Federal Trade Commission,
Internal Revenue Service, and Food and Drug Administration. Under the U.S. Supreme Court's broad
interpretation of the Commerce Clause, Congress has the power to regulate nearly any matter that has
an impact on interstate commerce. However, the 535 men and women that make up the 112th
Congress have neither the time nor the expertise to become involved in the speci�ics of drafting
regulatory rules for each federal agency. What Congress has done instead is to create administrative
agencies to oversee or carry out speci�ic governmental functions and then empower those agencies to
create the rules by which they will operate. The same holds true for the executive branch of
government, where the president uses administrative agencies to help carry out the responsibilities of
the of�ice.
When an agency is created, Congress gives the agency the power to draft its own agency rules—the
guidelines under which the agency operates and that must be followed by persons over whom the
agency is given regulatory powers. When federal agencies enact rules, they must follow the guidelines
set forth in the Administrative Procedure Act (APA), which speci�ies the procedures agencies must
follow in promulgating new rules. As long as an agency creates rules in accordance to the
Administrative Procedure Act, such rules have the force of law.
Agencies have two main purposes: assisting in carrying out vital government functions and exerting
regulatory control. They are the instruments through which Congress and the president institu ...
FOLLOW INSTRUCTIONS BELOW.Part 1 The America Invents Act· .docxAKHIL969626
FOLLOW INSTRUCTIONS BELOW.
Part 1: "The America Invents Act"
· Research the Leahy–Smith America Invents Act (AIA)
· When was the act signed into law? (1pts)
· Explain the distinction between "first to file" and "first to invent". (3pts)
· How does the new law position the US with respect to the rest of the world? (3pts)
· What does “first to file” mean? How will this affect how you patent in the future? (3pts)
Part 2: Apple vs. Samsung
· Research the Apple vs. Samsung US patent infringement case
· What were the specific claims of the initial lawsuit? Who sued whom and for what? (3 pts)
· Summarize the outcome of the international lawsuits? (3 pts)
· Summarize the outcome of the US lawsuits? (4 pts)
Other Assessment Criteria:
· Grammar/Spelling(0-10% multiplier on total points from above)
· Do NOT use pronouns in a technical document
· Utilize proper:
· commas
· sentence structure
· reference source citing
· etc.
· Formatting (0-10% multiplier on total points form above)
· Consistent font, spacing, paragraph structure, easy to read and understand, etc.
· Submission is one page at most.
Running head: FINAL PAPER
1
FINAL PAPER
2
Final paper
South University
Legislative and Judicial Process | MPA6505 XA
Faculty: Timothy Smith
Introduction
In the recent years, the federal government has adopted various strategies to ensure public administration. There have been constitutional amendments as well as legislative reforms that deal with state statutes. The government has revolutionized public administration through the delivery of justice and the enactment of rules and regulations. This paper is a reflective essay on three aspects of public administration that include sources of formal law, state legislation and evolution of state law.
There are several sources of formal law that can be applied in public administration. As learned in the week’s chapter, the constitution is the major organ that acts as a source of laws that govern the citizens of the United States. The constitution contains numerous laws that define the various sectors of the nation. According to Holzer and Schwester (2011), the federal government through the Congress undertakes constitutional amendments to ensure that laws that control the actions of people are enacted.
Through the study of the sources of formal laws, I gained immense cognitive knowledge on fundamental aspects of public administration. Moreover, I am now in a position to define the role of laws in the society and the impact the laws will have in the future generations.
During the week’s study, the content that was taught enabled the learners to improve on their knowledge of public administration. The workload was adequate for that particular period. The knowledge learned about public administration was broken into various stages that allowed the learners to understand each section fully. As the learning continued throughout the week, I was in a position to embrace several strategies that assisted m ...
Chapter Five Constitutional PrinciplesThe ConstitutionThe Consti.docxbissacr
Chapter Five Constitutional PrinciplesThe Constitution
The Constitution provides the legal framework for our nation. The articles of the Constitution set out the basic structure of our government and the respective roles of the state and federal governments. The Amendments to the Constitution, especially the first 10, were primarily designed to establish and protect individual rights.Federalism
Underlying the system of government established by the Constitution is the principle of federalism, which means that the authority to govern is divided between two sovereigns or supreme lawmakers. In the United States, these two sovereigns are the state and federal governments. Federalism allocates the power to control local matters to local governments. This allocation is embodied in the U.S. Constitution. Under the Constitution, all powers that are neither given exclusively to the federal government nor taken from the states are reserved to the states. The federal government has only those powers granted to it in the Constitution. Therefore, whenever federal legislation that affects business is passed, the question of the source of authority for that regulation always arises. The Commerce Clause is the predominant source of authority for the federal regulation of business, as we will see later.
federalism
A system of government in which power is divided between a central authority and constituent political units.Critical Thinking About The Law
The Constitution secures numerous rights for U.S. citizens. If we did not have these rights, our lives would be very different. Furthermore, businesses would be forced to alter their practices because they would not enjoy the various constitutional protections. As you will soon learn, various components of the Constitution, such as the Commerce Clause and the Bill of Rights, offer guidance and protection for businesses. The following questions will help sharpen your critical thinking about the effects of the Constitution on business.
1. One of the basic elements in the Constitution is the separation of powers in the government. What ethical norm would guide the framers’ thinking in creating a system with a separation of powers and a system of checks and balances?
Clue: Consider what might happen if one branch of government became too strong.
2. If the framers of the Constitution wanted to offer the protection of unrestricted speech to citizens and businesses, what ethical norm would they view as most important?
Clue: Return to the list of ethical norms in Chapter 1. Which ethical norm might the framers view as least important in protecting unrestricted speech?
3. Why should you, as a future business manager, be knowledgeable about the basic protections offered by the Constitution?
Clue: If you were ignorant of the constitutional protections, how might your business suffer?
In some areas, the state and federal governments have concurrent authority; that is, both governments have the power to regulate the matt.
Chapter Five Constitutional PrinciplesThe ConstitutionThe Consti.docxmccormicknadine86
Chapter Five Constitutional PrinciplesThe Constitution
The Constitution provides the legal framework for our nation. The articles of the Constitution set out the basic structure of our government and the respective roles of the state and federal governments. The Amendments to the Constitution, especially the first 10, were primarily designed to establish and protect individual rights.Federalism
Underlying the system of government established by the Constitution is the principle of federalism, which means that the authority to govern is divided between two sovereigns or supreme lawmakers. In the United States, these two sovereigns are the state and federal governments. Federalism allocates the power to control local matters to local governments. This allocation is embodied in the U.S. Constitution. Under the Constitution, all powers that are neither given exclusively to the federal government nor taken from the states are reserved to the states. The federal government has only those powers granted to it in the Constitution. Therefore, whenever federal legislation that affects business is passed, the question of the source of authority for that regulation always arises. The Commerce Clause is the predominant source of authority for the federal regulation of business, as we will see later.
federalism
A system of government in which power is divided between a central authority and constituent political units.Critical Thinking About The Law
The Constitution secures numerous rights for U.S. citizens. If we did not have these rights, our lives would be very different. Furthermore, businesses would be forced to alter their practices because they would not enjoy the various constitutional protections. As you will soon learn, various components of the Constitution, such as the Commerce Clause and the Bill of Rights, offer guidance and protection for businesses. The following questions will help sharpen your critical thinking about the effects of the Constitution on business.
1. One of the basic elements in the Constitution is the separation of powers in the government. What ethical norm would guide the framers’ thinking in creating a system with a separation of powers and a system of checks and balances?
Clue: Consider what might happen if one branch of government became too strong.
2. If the framers of the Constitution wanted to offer the protection of unrestricted speech to citizens and businesses, what ethical norm would they view as most important?
Clue: Return to the list of ethical norms in Chapter 1. Which ethical norm might the framers view as least important in protecting unrestricted speech?
3. Why should you, as a future business manager, be knowledgeable about the basic protections offered by the Constitution?
Clue: If you were ignorant of the constitutional protections, how might your business suffer?
In some areas, the state and federal governments have concurrent authority; that is, both governments have the power to regulate the matt ...
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
Chapter Eighteen The Law of Administrative AgenciesIntroduction to.docxbissacr
Chapter Eighteen The Law of Administrative AgenciesIntroduction to Administrative Law and Administrative AgenciesAdministrative Law
For the purposes of this text, administrative law is defined broadly as any rule (statute or regulation) that affects, directly or indirectly, an administrative agency. These rules may be procedural or substantive, and they may come from the legislative, executive, or judicial branch of government or from the agencies themselves. Such rules may be promulgated at the federal, state, or local levels. A procedural rule generally has an impact on the internal processes by which the agencies function or prescribes methods of enforcing rights. For example, under the Administrative Procedure Act (APA), a federal administrative agency must give adequate notice to all parties involved in an agency hearing. A substantive rule defines the rights of parties. An example is an act of Congress that forbids the FTC from applying the antitrust laws to all the Coca-Cola bottlers in the United States. In this instance, the rights and regulations of both the FTC and the Coca-Cola bottlers were defined by Congress.
administrative law
Any rule (statute or regulation) that directly or indirectly affects an administrative agency.
procedural rule
A rule that governs the internal processes of an administrative agency.
substantive rule
A rule that creates, defines, or regulates the legal rights of administrative agencies and the parties they regulate.Critical Thinking About The Law
As a future business leader, you will certainly encounter many governmental regulations. Congress created administrative agencies, in part, because it could not hope to address the enormous variety and number of concerns that are now covered by administrative agencies. Although you will not learn about every administrative agency in this chapter, you can jump-start your thinking about administrative agencies by answering these critical thinking questions.
1. Your roommate states that people do not have to follow the regulations passed by administrative agencies because these regulations are not laws. She argues that only Congress can make laws. Which critical thinking question could be applied to settle this disagreement?
Clue: Do you and your roommate agree on the meaning of the words she is using?
2. Some individuals may argue that the creation of regulations by administrative agencies promotes unfair restrictions on business. What ethical norm seems to be behind this thought?
Clue: If you want fewer restrictions from the government, what ethical norm is influencing your thought? What ethical norm seems to conflict with the wish for fewer governmental regulations?
3. Congress assumes that the administrative agencies will address problems effectively in their respective areas. For example, the EPA ensures compliance with environmental laws. If Matt makes the assumption that environmental problems are so complex and widespread that the EPA could not hope to ma.
Chapter Eighteen The Law of Administrative AgenciesIntroduction to.docxmccormicknadine86
Chapter Eighteen The Law of Administrative AgenciesIntroduction to Administrative Law and Administrative AgenciesAdministrative Law
For the purposes of this text, administrative law is defined broadly as any rule (statute or regulation) that affects, directly or indirectly, an administrative agency. These rules may be procedural or substantive, and they may come from the legislative, executive, or judicial branch of government or from the agencies themselves. Such rules may be promulgated at the federal, state, or local levels. A procedural rule generally has an impact on the internal processes by which the agencies function or prescribes methods of enforcing rights. For example, under the Administrative Procedure Act (APA), a federal administrative agency must give adequate notice to all parties involved in an agency hearing. A substantive rule defines the rights of parties. An example is an act of Congress that forbids the FTC from applying the antitrust laws to all the Coca-Cola bottlers in the United States. In this instance, the rights and regulations of both the FTC and the Coca-Cola bottlers were defined by Congress.
administrative law
Any rule (statute or regulation) that directly or indirectly affects an administrative agency.
procedural rule
A rule that governs the internal processes of an administrative agency.
substantive rule
A rule that creates, defines, or regulates the legal rights of administrative agencies and the parties they regulate.Critical Thinking About The Law
As a future business leader, you will certainly encounter many governmental regulations. Congress created administrative agencies, in part, because it could not hope to address the enormous variety and number of concerns that are now covered by administrative agencies. Although you will not learn about every administrative agency in this chapter, you can jump-start your thinking about administrative agencies by answering these critical thinking questions.
1. Your roommate states that people do not have to follow the regulations passed by administrative agencies because these regulations are not laws. She argues that only Congress can make laws. Which critical thinking question could be applied to settle this disagreement?
Clue: Do you and your roommate agree on the meaning of the words she is using?
2. Some individuals may argue that the creation of regulations by administrative agencies promotes unfair restrictions on business. What ethical norm seems to be behind this thought?
Clue: If you want fewer restrictions from the government, what ethical norm is influencing your thought? What ethical norm seems to conflict with the wish for fewer governmental regulations?
3. Congress assumes that the administrative agencies will address problems effectively in their respective areas. For example, the EPA ensures compliance with environmental laws. If Matt makes the assumption that environmental problems are so complex and widespread that the EPA could not hope to ma ...
8/15/2019 Print
https://content.ashford.edu/print/AUBUS670.12.2?sections=ch05,sec5.1,sec5.2,sec5.3,ch05summary,unit02&content=all&clientToken=49039f02-3ec… 1/12
Chapter 5
Administrative Law
Administrative law governs and de�ines the powers of government agencies. A number of political and technological factors have led to an explosion in
the growth of government since the turn of the 20th century, at both the federal and state levels. Even though these bureaucracies fall under the executive
or legislative branch, their rapid growth has given rise to what is commonly referred to as the "fourth branch of government": administrative agencies.
8/15/2019 Print
https://content.ashford.edu/print/AUBUS670.12.2?sections=ch05,sec5.1,sec5.2,sec5.3,ch05summary,unit02&content=all&clientToken=49039f02-3ec… 2/12
Comstock/Thinkstock
The Internal Revenue Service is one example of an
agency created by the federal government to expand
its regulatory power.
5.1 What Is the Purpose of an Administrative Agency?
Beginning in the 1930s, the federal government has been steadily expanding its regulatory powers
over business and individuals through the creation of agencies such as the Federal Trade Commission,
Internal Revenue Service, and Food and Drug Administration. Under the U.S. Supreme Court's broad
interpretation of the Commerce Clause, Congress has the power to regulate nearly any matter that has
an impact on interstate commerce. However, the 535 men and women that make up the 112th
Congress have neither the time nor the expertise to become involved in the speci�ics of drafting
regulatory rules for each federal agency. What Congress has done instead is to create administrative
agencies to oversee or carry out speci�ic governmental functions and then empower those agencies to
create the rules by which they will operate. The same holds true for the executive branch of
government, where the president uses administrative agencies to help carry out the responsibilities of
the of�ice.
When an agency is created, Congress gives the agency the power to draft its own agency rules—the
guidelines under which the agency operates and that must be followed by persons over whom the
agency is given regulatory powers. When federal agencies enact rules, they must follow the guidelines
set forth in the Administrative Procedure Act (APA), which speci�ies the procedures agencies must
follow in promulgating new rules. As long as an agency creates rules in accordance to the
Administrative Procedure Act, such rules have the force of law.
Agencies have two main purposes: assisting in carrying out vital government functions and exerting
regulatory control. They are the instruments through which Congress and the president institu ...
FOLLOW INSTRUCTIONS BELOW.Part 1 The America Invents Act· .docxAKHIL969626
FOLLOW INSTRUCTIONS BELOW.
Part 1: "The America Invents Act"
· Research the Leahy–Smith America Invents Act (AIA)
· When was the act signed into law? (1pts)
· Explain the distinction between "first to file" and "first to invent". (3pts)
· How does the new law position the US with respect to the rest of the world? (3pts)
· What does “first to file” mean? How will this affect how you patent in the future? (3pts)
Part 2: Apple vs. Samsung
· Research the Apple vs. Samsung US patent infringement case
· What were the specific claims of the initial lawsuit? Who sued whom and for what? (3 pts)
· Summarize the outcome of the international lawsuits? (3 pts)
· Summarize the outcome of the US lawsuits? (4 pts)
Other Assessment Criteria:
· Grammar/Spelling(0-10% multiplier on total points from above)
· Do NOT use pronouns in a technical document
· Utilize proper:
· commas
· sentence structure
· reference source citing
· etc.
· Formatting (0-10% multiplier on total points form above)
· Consistent font, spacing, paragraph structure, easy to read and understand, etc.
· Submission is one page at most.
Running head: FINAL PAPER
1
FINAL PAPER
2
Final paper
South University
Legislative and Judicial Process | MPA6505 XA
Faculty: Timothy Smith
Introduction
In the recent years, the federal government has adopted various strategies to ensure public administration. There have been constitutional amendments as well as legislative reforms that deal with state statutes. The government has revolutionized public administration through the delivery of justice and the enactment of rules and regulations. This paper is a reflective essay on three aspects of public administration that include sources of formal law, state legislation and evolution of state law.
There are several sources of formal law that can be applied in public administration. As learned in the week’s chapter, the constitution is the major organ that acts as a source of laws that govern the citizens of the United States. The constitution contains numerous laws that define the various sectors of the nation. According to Holzer and Schwester (2011), the federal government through the Congress undertakes constitutional amendments to ensure that laws that control the actions of people are enacted.
Through the study of the sources of formal laws, I gained immense cognitive knowledge on fundamental aspects of public administration. Moreover, I am now in a position to define the role of laws in the society and the impact the laws will have in the future generations.
During the week’s study, the content that was taught enabled the learners to improve on their knowledge of public administration. The workload was adequate for that particular period. The knowledge learned about public administration was broken into various stages that allowed the learners to understand each section fully. As the learning continued throughout the week, I was in a position to embrace several strategies that assisted m ...
Chapter Five Constitutional PrinciplesThe ConstitutionThe Consti.docxbissacr
Chapter Five Constitutional PrinciplesThe Constitution
The Constitution provides the legal framework for our nation. The articles of the Constitution set out the basic structure of our government and the respective roles of the state and federal governments. The Amendments to the Constitution, especially the first 10, were primarily designed to establish and protect individual rights.Federalism
Underlying the system of government established by the Constitution is the principle of federalism, which means that the authority to govern is divided between two sovereigns or supreme lawmakers. In the United States, these two sovereigns are the state and federal governments. Federalism allocates the power to control local matters to local governments. This allocation is embodied in the U.S. Constitution. Under the Constitution, all powers that are neither given exclusively to the federal government nor taken from the states are reserved to the states. The federal government has only those powers granted to it in the Constitution. Therefore, whenever federal legislation that affects business is passed, the question of the source of authority for that regulation always arises. The Commerce Clause is the predominant source of authority for the federal regulation of business, as we will see later.
federalism
A system of government in which power is divided between a central authority and constituent political units.Critical Thinking About The Law
The Constitution secures numerous rights for U.S. citizens. If we did not have these rights, our lives would be very different. Furthermore, businesses would be forced to alter their practices because they would not enjoy the various constitutional protections. As you will soon learn, various components of the Constitution, such as the Commerce Clause and the Bill of Rights, offer guidance and protection for businesses. The following questions will help sharpen your critical thinking about the effects of the Constitution on business.
1. One of the basic elements in the Constitution is the separation of powers in the government. What ethical norm would guide the framers’ thinking in creating a system with a separation of powers and a system of checks and balances?
Clue: Consider what might happen if one branch of government became too strong.
2. If the framers of the Constitution wanted to offer the protection of unrestricted speech to citizens and businesses, what ethical norm would they view as most important?
Clue: Return to the list of ethical norms in Chapter 1. Which ethical norm might the framers view as least important in protecting unrestricted speech?
3. Why should you, as a future business manager, be knowledgeable about the basic protections offered by the Constitution?
Clue: If you were ignorant of the constitutional protections, how might your business suffer?
In some areas, the state and federal governments have concurrent authority; that is, both governments have the power to regulate the matt.
Chapter Five Constitutional PrinciplesThe ConstitutionThe Consti.docxmccormicknadine86
Chapter Five Constitutional PrinciplesThe Constitution
The Constitution provides the legal framework for our nation. The articles of the Constitution set out the basic structure of our government and the respective roles of the state and federal governments. The Amendments to the Constitution, especially the first 10, were primarily designed to establish and protect individual rights.Federalism
Underlying the system of government established by the Constitution is the principle of federalism, which means that the authority to govern is divided between two sovereigns or supreme lawmakers. In the United States, these two sovereigns are the state and federal governments. Federalism allocates the power to control local matters to local governments. This allocation is embodied in the U.S. Constitution. Under the Constitution, all powers that are neither given exclusively to the federal government nor taken from the states are reserved to the states. The federal government has only those powers granted to it in the Constitution. Therefore, whenever federal legislation that affects business is passed, the question of the source of authority for that regulation always arises. The Commerce Clause is the predominant source of authority for the federal regulation of business, as we will see later.
federalism
A system of government in which power is divided between a central authority and constituent political units.Critical Thinking About The Law
The Constitution secures numerous rights for U.S. citizens. If we did not have these rights, our lives would be very different. Furthermore, businesses would be forced to alter their practices because they would not enjoy the various constitutional protections. As you will soon learn, various components of the Constitution, such as the Commerce Clause and the Bill of Rights, offer guidance and protection for businesses. The following questions will help sharpen your critical thinking about the effects of the Constitution on business.
1. One of the basic elements in the Constitution is the separation of powers in the government. What ethical norm would guide the framers’ thinking in creating a system with a separation of powers and a system of checks and balances?
Clue: Consider what might happen if one branch of government became too strong.
2. If the framers of the Constitution wanted to offer the protection of unrestricted speech to citizens and businesses, what ethical norm would they view as most important?
Clue: Return to the list of ethical norms in Chapter 1. Which ethical norm might the framers view as least important in protecting unrestricted speech?
3. Why should you, as a future business manager, be knowledgeable about the basic protections offered by the Constitution?
Clue: If you were ignorant of the constitutional protections, how might your business suffer?
In some areas, the state and federal governments have concurrent authority; that is, both governments have the power to regulate the matt ...
Car Accident Injury Do I Have a Case....Knowyourright
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A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
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NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
Synopsis On Annual General Meeting/Extra Ordinary General Meeting With Ordinary And Special Businesses And Ordinary And Special Resolutions with Companies (Postal Ballot) Regulations, 2018
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
2. What does Administrative Law Deal With?
The formation, staffing, and funding of agencies.
Rulemaking (legislation) by agencies
Adjudications (trials) by agencies
Judicial review of agency action
Access to private information by agencies
Public access to agency information
Agency liability
3. Law Practice Reasons to Study
Administrative Law
Some is on the bar
Procedural due process and standing
The majority of lawyers do admistrative practice
some or most of the time.
Malpractice trap if you do not recognize adlaw
problems.
Fundamentally different approach than non-
agency courses.
4. Administrative Law Practice
Work for agencies.
Counsel clients how to operate within regulations.
Represent clients before agencies.
Litigate against agencies.
Represent clients in the development of agency
policy and regulations.
5. Areas of Administrative Law Practice
Tax
Environmental law
Securities law
Land use law
Health law
Energy law
Etc.
6. The Approach in this Course
This is not a first year course.
You will be expected to learn basic material on
your own (reading) outside of class.
You do not have to dig this out of cases, you
will have the book and notes (modules) to use.
Class time and discussion will be used to look
more deeply into the legal and policy issues in
administrative law.
I reserve the right to use participation points.
7. Why Do We Talk about Policy in Adlaw?
90% of private administrative law practice is working
with the agency for your client, not suing the agency.
90% of the time of agency lawyers is spent outside of
litigation.
Internal adjudications
Rulemaking
Problem solving with regulated parties.
You have to know the law, but you also have to know
how the agency functions.
8. Course Materials
The E&E book
Basic intro to administrative law – read it all
Full text cases in specific regulatory areas.
Learn to sort out issues in real cases
Learn to deal with the underlying facts
Regulatory materials
What do regulatory documents look like?
How do you read long documents?
Class discussion of issues that come up in the news.
9. Study and Discussion Aids
PowerPoint slides
These will be used at times in the course to present
background material on regulatory problems or special legal
areas.
They will also be used in some class to present discussion
questions.
They are not meant to be a summary of the course.
Modules
These are meant to be basic class notes to help you learn the
basics so we can have a higher level discussion in class.
They include evaluation questions to help you prepare for
the exam.
10. Learning Objectives for the Course
Administrative law literacy
Key cases
Recognize administrative law issues
How to deal with agencies
How agencies are and must be political
Cost-benefit analysis
Unintended consequences of regulatory decisions
A hard look at a few regulatory problems.
12. The Administration of Government
Moving beyond feudalism, all governments are
divided into functional units that behave as
agencies
Administrative law deals with agencies in the
executive branch of the federal government
State administrative law is more complex
because states have multiple executives and
less separation of powers.
13. The Colonial Period
Colonial governments had agencies that were
either controlled by the king or by local
governments
Boards of health
Major cities were more powerful entities than
most states
To this day, old cities have varying degrees of
special legal status
Much of the regulatory state was urban
14. Articles of Confederation
After independence, but before the Constitution,
the states were independent sovereigns
All agency action was state and local
The Articles did not provide for a central
government with binding powers
This did not work very well and almost cost us
the revolutionary war
15. The Constitutional Allocation of Powers
The Constitution provided for a national
executive, legislature, and courts with binding
powers over the states
The states were left all powers not allocated to the
federal government
Police powers (most traditional state and local
regulation)
The delegation was flexible, not enumerated
16. Administrative Law in the Constitution
The Constitution did not contemplate a large
federal government
The Constitution established the framework for
separation of powers and basic functions of the
government, but is largely silent on the law of
agencies
This was not important at the time because day
to day government was run by states and cities
Original intent analysis does not work in adlaw
17. Administrative Law in the States until the
New Deal
The states and cities had extensive regulatory laws and
agencies
While some see this period as one of limited
regulation, that is only true at the federal level
Most administrative law (most government) is still
carried out at the state level
Most federal regulatory programs are shared
federalism
Environmental law
Medicaid
18. The Great Depression
While there was federal regulation before the
1930s, the modern regulatory state began with the
Great Depression.
Federal agencies were formed to provide jobs
WPA
Agencies were formed or strengthened to regulate
business
FDIC, SEC
This lead to the constitutional fight over the
delegation doctrine.
19. World War II
The role of the federal government was greatly
expanded to fight World War II
Took over private business for the war effort.
Intruded in private life (rationing, etc.) for the
war effort.
The military did not disband after WW II because
we went into the Cold War
The federal government also did not disband,
beginning the modern regulatory state
20. Post World War II
Modern administrative law starts with the
Administrative Procedure Act in 1946.
Modern Supreme Court admistrative law
jurisprudence starts in the 1960s as the
regulations increase and Court starts to work out
the proper role of agencies.
22. 22
Separation of Powers – Federal
Government
The US Governments is divided Into three branches:
Legislative Branch
Executive Branch
Judicial Branch
The executive branch is headed by the president. The
president and the vice president are the only nationwide
office holders.
Each branch has unique powers.
Each branch was intended to keep the others in check.
The founders did not anticipate political parties.
23. Separation of Powers – State Government
State governments are also divided Into three
branches:
Legislative Branch
Executive Branch
Judicial Branch
The executive branch in state governments is
divided among several statewide office holders
with powers independent of the governor.
23
24. Hierarchy of Laws
The United States Constitution is the ultimate
source of law, preemption conflicting state and
federal laws.
In theory, treaties prevail over conflicting state
and federal laws, but congress is reluctant to
ratify treaties that preempt domestic law.
Federal law preempts conflicting state laws.
24
25. 25
Agencies are Established by the
Legislature
The agency enabling statute establishes the
agency's:
Powers and Duties
Organization
Funding
Standards for Judicial Review of the Agency's
Actions
Some state agencies are established by the state
constitution or constitutional amendments.
26. 26
Agencies only have the Power Given by
the Legislature
General Grant of Power
Public health laws
Specific Grants of Power
Narrowly drawn statutes such as the Americans
with Dishabilles Act.
Contingent Grants of Power.
Laws that are triggered by a declaration of a state
of emergency.
The Legislature cannot grant the agency more power
than the legislature itself can exercise
27. 27
Executive Control in the Federal
Government
All enforcement agencies are in the Executive
branch.
Enforcement can include orders to comply with
the law, fines, and criminal prosecution.
Congress can control agencies that only do
studies and investigations, such as the
Congressional Budget Office or the Library of
Congress.
28. 28
Executive Control in the States
States have several elected executives that
control agencies, not a single head like the
president.
The governor controls most agencies.
The attorney general controls the legal office.
Other state offices, like state auditor, also have
elected heads.
Some states even allow legislative agencies with
enforcement powers
29. 29
Legislative Oversight of Agency
Appointments
The US Constitution provides that the senate
must approve the appointment of officers of the
United States.
The heads of most executive branch agencies,
and some of their subordinates, are officers of the
United States and thus must be approved by the
Senate.
The Senate can use this to threaten agencies
when the president is from another party.
30. 30
Removal of Agency Heads
Most agency directors in the state and federal system
serve at the pleasure of the executive
This is a major source of executive control over
agencies
Some agencies, called independent agencies, are run by
boards or commissions.
Members have fixed, staggered terms and can only be
removed for bad conduct
This limits executive control and gives the agency
some independence from political pressure
31. 31
Non-Agencies and Administrative Law
The President is not an agency.
The military is a quasi-agency
An agency for many organizational and procurement
purposes
Not an agency for military actions
DOJ, police departments, and courts
Agencies for basic governance
Not agencies for their substantive criminal law work.
32. 32
Agencies are the Vehicle for Carrying out
Political Policy
Enforcement policy
When does a business get a second chance and when
do they get closed for violating regulations?
When do you use quarantine and isolation?
Fiscal policy
Which diseases do you investigate when you have
limited staff?
What programs are cut when the budget is cut?
Changes of government can profoundly change agencies
33. 33
Changing Agency Policy
Executive branch control
Replace the agency director
Use Executive Orders to direct agency policy
Legislature
Change the enabling law
Increase or eliminate the funding for agency functions
Citizens
Petition the agency to change regulations
Participate in pubic hearings
Lobby the executive and legislature
Elect different politicians in the executive and legislature
35. The Administrative Procedure Act (APA)
The Administrative Procedure Act provides the
general framework for the interaction of between the
agency, regulated parties, and the general public.
http://biotech.law.lsu.edu/Courses/study_aids/adla
w/index.htm
The APA is secondary to the statutes that establish
an agency.
The APA only controls when the enabling act is
silent.
36. Rulemaking
Congress can give agencies the power to make rules that
have the same legal effect as statutes.
The public is given a chance to see and comment on these
rules before they become final.
Proposed rules are published in the Federal Register
Final rules are codified in the Code of Federal Regulations.
Rulemaking is very important because most statutes passed
by Congress do not contain sufficient detail to be enforced
without additional agency rulemaking.
The terms rule and regulation are interchangeable.
37. Adjudications
Congress can give agencies the power to make
factual determinations and issue orders
This determination of facts and enforcement in
individual cases involving specific named parties
is called an adjudication
These can look like trials, complete with
independent judges and rules of evidence
They can also be as informal as inspecting a
restaurant or impounding a bad dog
38. The Collection of Data by Agencies
What types of data does the government collect?
IRS? - NSA?- HHS?
Reporting duties
Administrative subpoenas
Administrative searches
Not based on probable cause
No exclusionary rule
Little expectation of privacy unless provided for by a
federal law or common law privilege.
39. Access to Agency Information
Freedom of Information Act
What is available?
When can the government withhold
information?
What is the standard for judicial review?
The Privacy Act
Open Meeting Act
40. The Role of the Courts
Is the enabling law constitutional?
Are the regulations consistent with the enabling law and
properly promulgated?
Did the agency act in an arbitrary and capricious manner
in an adjudication?
Did the agency violate an individual’s constitutional
rights?
Biggest difference from private and criminal law:
The courts generally defer to the agency.
41. Suing Agencies for Torts
Learn about exhaustion of remedies
Learn about how the standards for judicial review of
agency decisionmaking differ from private and
criminal litigation
Learn the procedure and limits on the government for
damages caused by agencies
Sovereign immunity
Tort claims acts
Statutory immunity such as the Flood Control Act
of 1928.