Rulemaking II
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The document discusses the case Environmental Defense Fund v. Hardin (1970), which established that environmental groups have standing to sue agencies that fail to regulate within a reasonable timeframe. It also established that agency inaction can be reviewed by courts. This expanded judicial oversight of agencies and incentivized more informal rulemaking procedures to avoid litigation, such as advisory opinions, memoranda, and negotiated rulemaking.
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Administrative law
The document discusses administrative law and the legal authority and limits of public administrative entities. It is guided by judicial decisions and the Administrative Procedures Act. Typical subject matters include agencies' constitutional and statutory authority, procedural requirements, and judicial review. The document also discusses due process requirements under the 5th and 14th Amendments. It analyzes the Londoner v. Denver and Bi-Metallic Investment Co. v. State Board of Equalization cases which highlight the differences between agency rulemaking and adjudication procedures. Rulemaking involves general applicability and future effect, while adjudication applies existing laws to particular cases.
Rulemaking
This document discusses different types of rulemaking procedures used by federal agencies in the United States. It describes informal rulemaking (also called notice-and-comment rulemaking), formal rulemaking, and hybrid rulemaking. Informal rulemaking, governed by Section 553 of the Administrative Procedure Act, involves an agency publishing a notice of proposed rulemaking, accepting public comments, and then issuing a final rule. Formal rulemaking, guided by Sections 556 and 557, involves a trial-like hearing process. Hybrid rulemaking incorporates additional procedures beyond informal rulemaking to prevent arbitrary rules from being issued.
Public policy and subsystem politics
This document discusses subsystem politics in public policymaking. It describes how policymaking is divided among specialized committees and subcommittees in Congress and within government agencies. Bureaucracies are divided into smaller subunits that focus on specific policy areas, while interest groups also work to influence policies within their issue areas. One influential arrangement is the "iron triangle" between relevant committees, agencies, and interest groups who benefit each other. The document also categorizes types of public policy according to Theodore Lowi's typology, including regulatory, redistributive, distributive, and constituent policies, and how they differ in their structures, discretion levels, and relationships with outside groups.
Judicial control of the bureaucracy
This document discusses judicial review of administrative agencies. It summarizes two landmark Supreme Court cases - Citizens to Preserve Overton Park v. Volpe and Chevron v. Natural Resources Defense Council. In Overton Park, the Court established that agency actions are subject to judicial review and remanded the case back to the agency to provide justification. In Chevron, the Court created the "reasonable interpretation" standard, requiring courts to defer to any reasonable agency interpretation if the law is ambiguous. These cases shaped the development of the "hard look doctrine" and increased judicialization and procedural requirements for agencies.
Congressional control of the bureaucracy
Congress uses several tools to exert control over federal bureaucracies and ensure they are accountable, with the goal of making sure bureaucracies adhere to Congressional preferences. These include budgetary allocations, legislative audits by the Government Accountability Office, statutory requirements like the Freedom of Information Act, and Congressional hearings. While the President proposes budgets and makes appointments, Congress has final say through the power of the purse and ability to pass new laws, allowing it to dominate over the President in controlling bureaucracies. Congress prefers a "fire alarm" approach to oversight, allowing interest groups to identify issues rather than an active "police patrol".
Ambiguities in rulemaking procedures
This document provides an overview of administrative rulemaking procedures in the United States. It begins by defining what constitutes a rule and the different types of rules. It then describes the key rulemaking procedures established by the Administrative Procedure Act (APA), including informal notice-and-comment rulemaking, formal rulemaking, and hybrid rulemaking. The document outlines the steps involved in both informal and formal rulemaking and discusses key Supreme Court cases that have shaped administrative rulemaking, such as Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council. It concludes by covering negotiated rulemaking as an alternative procedure to notice-and-comment rulemaking established by the Negotiated Rulemaking Act of 1990.
Legislative veto
This document discusses the legislative veto, which allows Congress to veto actions by agencies. It provides details on types of legislative resolutions (committee, single chamber, concurrent, joint) and examples of agencies subject to legislative vetoes. It summarizes the Supreme Court case INS v. Chadha, which ruled legislative vetoes unconstitutional for violating separation of powers and requirements for legislation in the Constitution. Congress still attempts to exert control over agencies through other means like the Congressional Review Act.
Presidential control of the bureaucracy
This document discusses presidential control over the bureaucracy. It begins by introducing principal-agent theory, where Congress and the president are principals that delegate authority to bureaucratic agents. It then examines the tools available to the president to influence agencies, including personnel controls like appointments; reorganization; and centralization through the Office of Management and Budget and executive orders. While presidents have significant formal powers, bureaucratic resistance and congressional oversight also limit executive control of agencies.
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Administrative law
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Rulemaking
This document discusses different types of rulemaking procedures used by federal agencies in the United States. It describes informal rulemaking (also called notice-and-comment rulemaking), formal rulemaking, and hybrid rulemaking. Informal rulemaking, governed by Section 553 of the Administrative Procedure Act, involves an agency publishing a notice of proposed rulemaking, accepting public comments, and then issuing a final rule. Formal rulemaking, guided by Sections 556 and 557, involves a trial-like hearing process. Hybrid rulemaking incorporates additional procedures beyond informal rulemaking to prevent arbitrary rules from being issued.
Public policy and subsystem politics
This document discusses subsystem politics in public policymaking. It describes how policymaking is divided among specialized committees and subcommittees in Congress and within government agencies. Bureaucracies are divided into smaller subunits that focus on specific policy areas, while interest groups also work to influence policies within their issue areas. One influential arrangement is the "iron triangle" between relevant committees, agencies, and interest groups who benefit each other. The document also categorizes types of public policy according to Theodore Lowi's typology, including regulatory, redistributive, distributive, and constituent policies, and how they differ in their structures, discretion levels, and relationships with outside groups.
Judicial control of the bureaucracy
This document discusses judicial review of administrative agencies. It summarizes two landmark Supreme Court cases - Citizens to Preserve Overton Park v. Volpe and Chevron v. Natural Resources Defense Council. In Overton Park, the Court established that agency actions are subject to judicial review and remanded the case back to the agency to provide justification. In Chevron, the Court created the "reasonable interpretation" standard, requiring courts to defer to any reasonable agency interpretation if the law is ambiguous. These cases shaped the development of the "hard look doctrine" and increased judicialization and procedural requirements for agencies.
Congressional control of the bureaucracy
Congress uses several tools to exert control over federal bureaucracies and ensure they are accountable, with the goal of making sure bureaucracies adhere to Congressional preferences. These include budgetary allocations, legislative audits by the Government Accountability Office, statutory requirements like the Freedom of Information Act, and Congressional hearings. While the President proposes budgets and makes appointments, Congress has final say through the power of the purse and ability to pass new laws, allowing it to dominate over the President in controlling bureaucracies. Congress prefers a "fire alarm" approach to oversight, allowing interest groups to identify issues rather than an active "police patrol".
Ambiguities in rulemaking procedures
This document provides an overview of administrative rulemaking procedures in the United States. It begins by defining what constitutes a rule and the different types of rules. It then describes the key rulemaking procedures established by the Administrative Procedure Act (APA), including informal notice-and-comment rulemaking, formal rulemaking, and hybrid rulemaking. The document outlines the steps involved in both informal and formal rulemaking and discusses key Supreme Court cases that have shaped administrative rulemaking, such as Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council. It concludes by covering negotiated rulemaking as an alternative procedure to notice-and-comment rulemaking established by the Negotiated Rulemaking Act of 1990.
Legislative veto
This document discusses the legislative veto, which allows Congress to veto actions by agencies. It provides details on types of legislative resolutions (committee, single chamber, concurrent, joint) and examples of agencies subject to legislative vetoes. It summarizes the Supreme Court case INS v. Chadha, which ruled legislative vetoes unconstitutional for violating separation of powers and requirements for legislation in the Constitution. Congress still attempts to exert control over agencies through other means like the Congressional Review Act.
Presidential control of the bureaucracy
This document discusses presidential control over the bureaucracy. It begins by introducing principal-agent theory, where Congress and the president are principals that delegate authority to bureaucratic agents. It then examines the tools available to the president to influence agencies, including personnel controls like appointments; reorganization; and centralization through the Office of Management and Budget and executive orders. While presidents have significant formal powers, bureaucratic resistance and congressional oversight also limit executive control of agencies.
Chapter 3.agency discretion
Agency discretion refers to the power of administrative agencies to make choices among different policy options when applying laws to individual cases. Some level of discretion is necessary because laws may not address every situation. Safeguards against abuse of discretion include constitutional protections, statutes that define an agency's mission, and political and judicial oversight. Courts generally uphold an agency's discretion but will intervene if the agency's actions are deemed arbitrary, capricious or an abuse of power based on the circumstances of the case.
Judicial review
Judicial review refers to the process by which courts exercise control over the findings and interpretations of governmental agencies. It is not explicitly mentioned in the Constitution but was established in Marbury v. Madison. Judicial review allows courts to determine the meaning of legislation and invalidate unconstitutional statutes. It provides guidance to agencies and acts as a check on administrative overreach. There are two major aspects - access to review, governed by concepts like ripeness, standing, and mootness, and the scope of review, regarding how much deference courts give to agency actions.
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Paralegal Power Break: Sources of Law (Cases)
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JUDICIAL REVIEW OF ADMINISTRATIVE ACTION IN PAKISTAN
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3) The modes of judicial review exercised by courts in Pakistan, including public law review through writ petitions and private law review through suits/injunctions. Natural justice and its principles like nemo iudex in causa sua are also reviewed.
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Chapter 3.agency discretion
Agency discretion refers to the power of administrative agencies to make choices among different policy options when applying laws to individual cases. Some level of discretion is necessary because laws may not address every situation. Safeguards against abuse of discretion include constitutional protections, statutes that define an agency's mission, and political and judicial oversight. Courts generally uphold an agency's discretion but will intervene if the agency's actions are deemed arbitrary, capricious or an abuse of power based on the circumstances of the case.
Judicial review
Judicial review refers to the process by which courts exercise control over the findings and interpretations of governmental agencies. It is not explicitly mentioned in the Constitution but was established in Marbury v. Madison. Judicial review allows courts to determine the meaning of legislation and invalidate unconstitutional statutes. It provides guidance to agencies and acts as a check on administrative overreach. There are two major aspects - access to review, governed by concepts like ripeness, standing, and mootness, and the scope of review, regarding how much deference courts give to agency actions.
Chapter 4 pp
The chapter discusses client rights when dealing with government agencies. It explains that clients have due process protections under the 5th and 14th Amendments in agency actions. Specifically, agencies must provide notice of hearings to clients, including details of charges and time and place of hearings, and clients have the right to be heard and receive a fair decision. The chapter also discusses how sovereign immunity protects some agency actions and personnel from legal claims.
ADMINISTRATIVE PROCEDURES AND DESCRETIONARY POWER IN ADMINISTRATIVE DESCIONMA...
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Chapter2.development of administrative law
The document summarizes the development of administrative law in the United States from 1776 to present. It discusses key milestones like the creation of agencies like the Interstate Commerce Commission in 1887 and expansion of agency power during the New Deal. It also covers the delegation doctrine, which allows Congress to delegate legislative powers to agencies, and important court cases like Panama Refining Co. v. Ryan and A.L.A. Schechter Poultry Corp. v. United States that struck down unlimited delegations that lacked standards. The principles of separation of powers and federalism are also discussed in relation to administrative agencies.
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This document provides an overview of administrative law regarding public employment. It discusses the constitutional protections that apply to public employees, including protections under the 1st, 4th, and 14th Amendments. It outlines the development of due process protections for public employees through key Supreme Court cases like Board of Regents v. Roth and Cleveland Board of Education v. Loudermill. It also discusses other legal protections for public employees, such as protections for political expression, privacy, and against discrimination.
Licensing
This document discusses licensing in administrative law. It begins by defining licenses as permits that allow certain regulated activities. It then provides examples of many common licenses issued by the government, from drivers' licenses to broadcast licenses. The main purposes of licensing are to control public resources, allocate limited resources fairly, ensure competence in complex/dangerous fields, and maintain public order. Licensing procedures can vary depending on the license, with denial/revocation typically requiring formal adjudication under the APA. The document concludes by summarizing several relevant court cases related to licensing.
Enforcement of administrative policy
This document discusses enforcement of administrative policy through various mechanisms and sanctions. It outlines factors that affect regulatory compliance, such as the clarity of rules and assigned responsibilities. It then describes the nature of administrative sanctions, including license suspension/revocation, fines, cease and desist orders, criminal prosecution, economic sanctions like liens, and civil suits. The document provides examples of how different agencies utilize these sanctions and enforcement methods to encourage compliance with administrative regulations.
Paralegal Power Break: Legal Ethics
In the past two decades, the legal profession has expended great effort to define and refine the principles governing the ethical conduct of attorneys and judges. Sanctions for an attorney violating ethics rules can be private (letter of warning, private reprimand, admonition) or public (public reprimand, probation, suspension, disbarment). More than any other profession, the legal profession has embarked on a campaign to identify and police unethical conduct and fulfill its primary duty of serving the public and the legal system.
This short information session will cover the fundamentals of legal ethics.
Paralegal Power Break: Sources of Law (Cases)
Where does a judge find the rules? The judicial imagination is not sufficient authority, even though some judicial decisions seem to suggest otherwise. There are several sources of the law, the primary ones being the Constitution, legislation, and prior judicial decisions. This last is the subject matter of this session.
JUDICIAL REVIEW OF ADMINISTRATIVE ACTION IN PAKISTAN
1) The need for and rationale of judicial review to prevent executive overreach and ensure administrative decisions are not arbitrary.
2) The jurisdictional principles that govern judicial review, particularly the doctrine of ultra vires which holds that administrative acts beyond an agency's legal powers are void.
3) The modes of judicial review exercised by courts in Pakistan, including public law review through writ petitions and private law review through suits/injunctions. Natural justice and its principles like nemo iudex in causa sua are also reviewed.
What is Judicial Review Sprott Lab Rels June 16 2012
Judicial review allows courts to review administrative decisions like arbitration awards to ensure they were made correctly according to the proper legal process and standards. The court examines the entire decision making process but does not redecide the case merits. Grounds for judicial review include procedural errors, errors of fact or law, and decisions found to be unreasonable. Remedies can include quashing the decision or remitting it back for a rehearing.
Judicial Discipline and Accountability
The document summarizes the process of judicial conduct and discipline in the United States. It discusses how state judicial conduct organizations were established to investigate complaints against judges and can impose sanctions. It also outlines the federal Judicial Conduct and Disability Act of 1990 which established a process for investigating complaints against federal judges. Key points made include criticisms of the current system for appearing to lack impartiality and recommendations for reform, such as having complaints reviewed by judges outside the circuit of the subject judge.
Introduction to law
Law is a powerful and important social force that affects most aspects of life. There are several classifications and sources of law that help explain its complex nature. Law can be classified as public or private, civil or criminal, substantive or procedural, common law or statutory law. The main sources of law include constitutional law, treaties, administrative law, statutory law, case law, federal law, and state law. Understanding these classifications and sources is helpful for examining how law shapes social life.
Principle of natural justice
The document discusses the principles of natural justice in Indian law. It outlines two main principles: nemo judex in causa sua (no one should be a judge in their own case) and audi alteram partem (hear the other party). Administrative decisions must follow these principles of fairness and impartiality. The principles require an unbiased decision maker who hears both sides before ruling. Exceptions can be made in emergencies or where applying the principles would be impractical. A violation of audi alteram partem results in a void decision, while violating nemo judex only makes a decision voidable. The document also presents hypothetical problems involving alleged violations of natural justice principles in administrative proceedings.
Overview of administrative law and ethics
The document provides an overview of administrative law and ethics. It discusses the objectives, introduction, definitions, nature and scope, sources, agency creation and powers, administrative process, limitations on agency powers, and justification for administrative law. The key points are that administrative law governs agencies and ensures accountability, it has developed due to the expanding role of government and need for specialized and flexible dispute resolution, and its sources include enabling legislation, constitutions, regulations, and judicial review.
Administrative law
There are three main sources of law: common law, statutory law, and administrative law. Common law is based on previous court decisions, while most new law is statutory law passed by legislatures. Administrative law is made up of regulations from government agencies. New laws can be created when a bill is introduced in Congress, debated, and passed by both the House and Senate and signed by the president. Government agencies also create administrative rules and regulations and hold hearings to enforce compliance. Their power is balanced by statutory limits and oversight from the courts and elected officials.
The study of administration and the structure of american public administration
Public administration touches all aspects of American citizens' lives and involves over 3 million civil servants. It can be defined as using managerial and legal processes to fulfill legislative, executive, and judicial mandates for providing government services and regulation. There are three main approaches to public administration: managerial which focuses on efficiency; political which sees administration as political; and legal which focuses on applying the law. The American bureaucracy includes cabinet departments, independent agencies, independent regulatory bodies, government corporations, and the presidential bureaucracy centered in the Executive Office of the President. Public administration differs from private administration in its motivations of public services versus profit and its democratic values of centralization and public scrutiny.
Judiciary (history report)
The document discusses the powers and structure of the Philippine judiciary. It states that judicial power is vested in one Supreme Court and lower courts established by law. The Supreme Court has the power to settle disputes, interpret laws, review decisions of lower courts, and oversee the legal system. It is composed of 15 Justices including a Chief Justice. Cases are heard by divisions of 3, 5, or 7 Justices or by the full Court. Majority agreement of participating Justices is needed to decide cases.
Adm... final
This document discusses the legal nature of administrative power in India. It begins by explaining that administrative discretion can be reviewed by courts if misused. It then discusses different grounds for abuse of discretion including improper purpose, malafide exercise, irrelevant considerations, and unreasonableness. It also discusses failure to exercise discretion properly, such as non-application of mind or acting under dictation. The document examines how fundamental rights provide judicial control over administrative discretion to prevent violations. Finally, it notes that while delegating powers is necessary, precautions must be taken to ensure powers are not misused.
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ADMINISTRATIVE PROCEDURES AND DESCRETIONARY POWER IN ADMINISTRATIVE DESCIONMA...
ADMINISTRATIVE PROCEDURES AND DESCRETIONARY POWER IN ADMINISTRATIVE DESCIONMA...
JUDICIAL REVIEW OF ADMINISTRATIVE ACTION IN PAKISTAN
JUDICIAL REVIEW OF ADMINISTRATIVE ACTION IN PAKISTAN
What is Judicial Review Sprott Lab Rels June 16 2012
What is Judicial Review Sprott Lab Rels June 16 2012
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The document summarizes the adjudication process used by administrative agencies. It begins with an overview of adjudication and due process requirements. It then describes two common ways adjudication can begin - through agency inspections or public complaints. The multi-step processes typically involve an agency investigation, formal charges, a hearing before an administrative law judge, an initial decision, and opportunities for appeal. The goal is to determine violations of law while satisfying constitutional guarantees of due process.
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This document summarizes key aspects of environmental policy and governance in three chapters. It discusses how environmental issues have become important in politics and policymaking. It examines debates around how far to go in making air and water cleaner given increasing costs. It also analyzes different approaches governments can take to achieve environmental goals, such as issuing orders or offering incentives.
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Agency theory describes the relationship between principals (owners) and agents (managers) in a company. There is potential for conflict since the owners delegate decision-making authority to managers. This can lead to agency problems and costs if the managers' interests are not aligned with the owners' interests. Agency problems occur due to issues like moral hazard, adverse selection, and managers potentially pursuing their own interests over maximizing shareholder value. Solutions to the agency problem include structuring executive compensation contracts and plans to better align the interests of owners and managers.
Presidential Appointments
This document discusses the process of presidential appointments in the United States government. It outlines that the President nominates individuals to cabinet positions that are then subject to Senate confirmation. The document details the multi-step confirmation process, from initial nomination to Senate hearings to final confirmation vote. It also examines factors that influence a President's selection of nominees, such as party affiliation, policy agenda, and input from interest groups and party leaders.
Public policy and program implementation
Public policy and program implementation involves several key factors:
- Programs implement public policy and deal with specific societal issues, shaped by various political and non-rational influences
- Policies can be distributive, redistributive, or regulatory in nature and aim to allocate resources across groups
- The policymaking process involves legislative and administrative stages for creating and carrying out policy through programs and projects
- Program evaluation systematically assesses success and involves specification of goals, data collection, and analysis to determine impacts and accountability
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Ap Mc Review
The document contains multiple choice questions from past AP Government tests covering various topics in American government and politics. It tests knowledge of topics like:
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- Checks and balances between the three branches of government
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- Key Supreme Court cases that established important principles
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- Trends in voter turnout and participation over time
Religion, policy, and the public workplace
A look at public policy, law, Supreme Court cases dealing with religion in public policy and in the public workplace
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This document discusses social class and its relationship to public policy in the United States. It begins by defining social class based on factors like education, income, and wealth. It then examines how social class affects life outcomes related to health, crime victimization, home ownership, and happiness. The document also analyzes how government policies around taxes, education funding, health care, unions, and voting rights can impact social mobility and inequality between classes. Overall, it argues that social stratification exists in the U.S. and that public policy both reflects and perpetuates differences in social and economic opportunities across classes.
Appellate Courts - Policy and Impact
Appellate courts play an important policymaking role through their review and reversal of lower court decisions, though they typically affirm two-thirds of cases due to presuming lower court validity. Their agendas and ideological leanings can impact the areas of law they focus on developing. Judicial activism is controversial as it involves judges injecting personal values despite counter-majoritarian concerns, though restraintism limiting judicial review is also problematic. Assessing the true impact of courts on policy is difficult given multiple actors involved in interpreting and implementing rulings. Compliance from other government branches depends on factors like policy attitudes and clarity of decisions.
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This document summarizes several models of appellate court decision making:
- The legal model focuses on text, precedent and original intent to explain rulings.
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The Supreme Court process is also outlined, from oral arguments to assigning and drafting opinions.
Appellate Courts - Deciding What to Decide
The Supreme Court has discretionary jurisdiction over most of its caseload and uses a screening procedure to decide which cases it will hear. The screening process involves an initial review of filed appeals, responses from respondents, and further screening including discussion in conference. Cases are selected based on factors like whether they present conflicts between lower courts or raise important legal questions. Informal factors like civil liberties issues or disagreement among lower court judges can also influence decisions. Ultimately, whether a case is granted certiorari depends largely on the ideological preferences of the sitting justices.
Appellate Courts - Purposes and Processes
Appellate courts serve to correct errors made by trial courts, increase consistency in the application of law, and hear appeals from administrative agencies. They are comprised of judges, law clerks, attorneys, and parties. There are formal procedures for mandatory and discretionary appeals that involve filing notices, submitting briefs, and potentially oral arguments, court conferences, and majority, dissenting or concurring opinions. Alternative procedures may be used for aspects like oral arguments, decision making and opinion writing. Parties consider factors like the chance of success and costs when deciding whether to appeal a case.
Trial Courts - Civil Cases
Civil trial courts serve several purposes, including offering remedies, dispute resolution, and behavior modification. There are various types of civil cases, such as contract cases, personal injury/tort cases, and domestic relations cases. Civil trials involve judges, lawyers, parties, and have defined procedures including pleading, discovery, pre-trial motions, trial, and potential appeal. Parties may also pursue alternative dispute resolution methods outside of trial, such as negotiation, mediation, arbitration, or use of private courts. Class action lawsuits allow for joined claims from a class of similarly situated people who have suffered the same harm.
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This document outlines the procedures and key participants in a criminal case from arrest through sentencing. It discusses the types of criminal cases, including felonies, misdemeanors and petty offenses. The stages of a criminal case are described from initial arrest through pre-trial motions, trial, verdict, sentencing and possible appeals. Plea bargaining is also examined as a common alternative to trial that aims to save resources but faces some criticisms.
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This document discusses the judicial process and judges. It outlines the requirements to become a judge, including formal requirements like legal experience and age limits that vary by jurisdiction. It also discusses judges' work like adjudicating cases, pretrial decisions, and administration. The document notes stresses of being a judge like large caseloads and scrutiny. It examines what makes a good judge, focusing on competence, commitment, temperament and impartiality. Finally, it outlines methods for removing inadequate judges and improving sitting judges through training and oversight.
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Overview of courts
This document discusses the judicial process and types of law. It covers positive law including constitutions, statutes, regulations, and common law. There is a discussion of public versus private law and categories of positive law like criminal law, civil law, tort, and contract law. The document also examines courts as institutions that resolve disputes, modify behavior, and make policy. It explores models for explaining court processes and outcomes such as the legal model, attitudinal model, and rational choice models.
Legal research
This document provides an overview of legal research methods and resources. It discusses briefing cases and why they are an important learning tool. It then describes the components of a case brief. The document also outlines the different types of primary sources for legal research, including case law reporters, statutes, and regulations. It lists several secondary sources such as treatises, encyclopedias, and digests. Finally, it provides examples of online resources for accessing primary and secondary legal materials.
What is law
This document discusses definitions of law from various scholars and perspectives. It explores what law is, questions about whether bad or customary rules constitute real law, and examines the relationship between law and morality. Law is defined as authoritative rules made by government and intended to bind both government and non-government actors. It further establishes that law consists of rules enacted by public officials and backed by the force of the state to govern societal relationships and maintain social order through sanctions like fines and imprisonment.
Personnel
The document discusses the development and structure of the US civil service and personnel systems. It covers:
1) The evolution from the spoils/patronage system to the modern merit-based civil service established by the Pendleton Act, which created competitive exams and classifications.
2) The structure of the modern personnel system including the Office of Personnel Management, merit and excepted services, separate agency systems, and executive pay schedules.
3) The size of the federal bureaucracy including around 3 million civil servants and several thousand political appointees across executive departments and agencies.
American political and bureaucratic values
The document discusses key American political values such as limited government, checks and balances, separation of powers, federalism, representative democracy, capitalism, and pluralism. It also examines administrative values like separating politics and administration, administrative discretion, efficiency, and expertise. Some of these values clash, such as bureaucracy favoring centralized authority which opposes limited government. Responsiveness to the public may be hindered if agencies primarily serve narrow interest groups. Administrative expertise can contradict democratic principles that power should come from elected officials rather than unelected bureaucrats.
Agency formation and development
The document describes the typical life cycle of a regulatory agency according to Bernstein and Marver's theory of bureaucratic politics. It progresses through four stages: gestation, youth, maturity, and old age. Key characteristics are described for each stage, including rapid growth and conflict in youth giving way to protection of regulated industries and capture in later stages. An example of the life cycle of the Interstate Commerce Commission is then provided from its creation in 1887 through its dissolution in 1995.
The structure of the american government
The document outlines different types of bureaucratic organizations at the federal level in the United States, including cabinet-level departments, independent agencies, independent regulatory boards and commissions, government corporations, and the presidential and congressional bureaucracies. It provides examples and characteristics of each type of organization.
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The document discusses different approaches to studying public administration and bureaucracy. It begins by noting how the federal bureaucracy impacts many aspects of citizens' daily lives. It then outlines four main approaches: the traditional managerial approach views administrators as apolitical and emphasizes efficiency; the new public management approach borrows from business and focuses on outcomes; the political approach sees administration as political and incremental; and the legal approach emphasizes applying the law fairly and protecting due process and individual rights. Each approach views the role of administrators, decision-making processes, organizational structures, and individuals differently.
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"The present Canon of the West"
一比一原版(utas学位证书)澳洲塔斯马尼亚大学毕业证成绩单一模一样
永久可查学历认证【微信：A575476】【(utas学位证书)澳洲塔斯马尼亚大学毕业证成绩单Offer】【微信：A575476】（留信学历认证永久存档查询）采用学校原版纸张、特殊工艺完全按照原版一比一制作（包括：隐形水印，阴影底纹，钢印LOGO烫金烫银，LOGO烫金烫银复合重叠，文字图案浮雕，激光镭射，紫外荧光，温感，复印防伪）行业标杆！精益求精，诚心合作，真诚制作！多年品质 ,按需精细制作，24小时接单,全套进口原装设备，十五年致力于帮助留学生解决难题，业务范围有加拿大、英国、澳洲、韩国、美国、新加坡，新西兰等学历材料，包您满意。
【业务选择办理准则】
一、工作未确定，回国需先给父母、亲戚朋友看下文凭的情况，办理一份就读学校的毕业证【微信：A575476】文凭即可
二、回国进私企、外企、自己做生意的情况，这些单位是不查询毕业证真伪的，而且国内没有渠道去查询国外文凭的真假，也不需要提供真实教育部认证。鉴于此，办理一份毕业证【微信：A575476】即可
三、进国企，银行，事业单位，考公务员等等，这些单位是必需要提供真实教育部认证的，办理教育部认证所需资料众多且烦琐，所有材料您都必须提供原件，我们凭借丰富的经验，快捷的绿色通道帮您快速整合材料，让您少走弯路。
留信网认证的作用:
1:该专业认证可证明留学生真实身份
2:同时对留学生所学专业登记给予评定
3:国家专业人才认证中心颁发入库证书
4:这个认证书并且可以归档倒地方
5:凡事获得留信网入网的信息将会逐步更新到个人身份内，将在公安局网内查询个人身份证信息后，同步读取人才网入库信息
6:个人职称评审加20分
7:个人信誉贷款加10分
8:在国家人才网主办的国家网络招聘大会中纳入资料，供国家高端企业选择人才
→ 【关于价格问题（保证一手价格）
我们所定的价格是非常合理的，而且我们现在做得单子大多数都是代理和回头客户介绍的所以一般现在有新的单子 我给客户的都是第一手的代理价格，因为我想坦诚对待大家 不想跟大家在价格方面浪费时间
对于老客户或者被老客户介绍过来的朋友，我们都会适当给一些优惠。
选择实体注册公司办理，更放心，更安全！我们的承诺：可来公司面谈，可签订合同，会陪同客户一起到教育部认证窗口递交认证材料，客户在教育部官方认证查询网站查询到认证通过结果后付款，不成功不收费！
Spending in the 340B Drug Pricing Program, 2010 to 2021
Presentation by Rebecca Sachs and Joshua Varcie, analysts in CBO’s Health Analysis Division, at the 13th Annual Conference of the American Society of Health Economists.
How To Cultivate Community Affinity Throughout The Generosity Journey
This session will dive into how to create rich generosity experiences that foster long-lasting relationships. You’ll walk away with actionable insights to redefine how you engage with your supporters — emphasizing trust, engagement, and community!
Indira awas yojana housing scheme renamed as PMAY
Indira Awas Yojana (IAY) played a significant role in addressing rural housing needs in India. It emerged as a comprehensive program for affordable housing solutions in rural areas, predating the government’s broader focus on mass housing initiatives.
Health Insurance Coverage for the U.S. Population, 2024 to 2034
Presentation by Jessica Hale, an analyst in CBO’s Budget Analysis Division, at a press briefing organized by "Health Affairs."
2024: The FAR - Federal Acquisition Regulations, Part 41
Jennifer Schaus and Associates hosts a complimentary webinar series on The FAR in 2024. Join the webinars on Wednesdays and Fridays at noon, eastern.
Recordings are on YouTube and the company website.
https://www.youtube.com/@jenniferschaus/videos
Border towns and spaces of (in)visibility.pdf
This report explores the significance of border towns and spaces for strengthening responses to young people on the move. In particular it explores the linkages of young people to local service centres with the aim of further developing service, protection, and support strategies for migrant children in border areas across the region. The report is based on a small-scale fieldwork study in the border towns of Chipata and Katete in Zambia conducted in July 2023. Border towns and spaces provide a rich source of information about issues related to the informal or irregular movement of young people across borders, including smuggling and trafficking. They can help build a picture of the nature and scope of the type of movement young migrants undertake and also the forms of protection available to them. Border towns and spaces also provide a lens through which we can better understand the vulnerabilities of young people on the move and, critically, the strategies they use to navigate challenges and access support.
The findings in this report highlight some of the key factors shaping the experiences and vulnerabilities of young people on the move – particularly their proximity to border spaces and how this affects the risks that they face. The report describes strategies that young people on the move employ to remain below the radar of visibility to state and non-state actors due to fear of arrest, detention, and deportation while also trying to keep themselves safe and access support in border towns. These strategies of (in)visibility provide a way to protect themselves yet at the same time also heighten some of the risks young people face as their vulnerabilities are not always recognised by those who could offer support.
In this report we show that the realities and challenges of life and migration in this region and in Zambia need to be better understood for support to be strengthened and tuned to meet the specific needs of young people on the move. This includes understanding the role of state and non-state stakeholders, the impact of laws and policies and, critically, the experiences of the young people themselves. We provide recommendations for immediate action, recommendations for programming to support young people on the move in the two towns that would reduce risk for young people in this area, and recommendations for longer term policy advocacy.
CBO's Immigration Projections - Presentation
Presentation by Julie Topoleski, CBO’s Director of Labor, Income Security, and Long-Term Analysis, at the 16th Annual Meeting of the OECD Working Party of Parliamentary Budget Officials and Independent Fiscal Institutions.
原版制作(Hope毕业证书)利物浦霍普大学毕业证文凭证书一模一样
学校原件一模一样【微信：741003700 】《(Hope毕业证书)利物浦霍普大学毕业证文凭证书》【微信：741003700 】学位证，留信认证（真实可查，永久存档）原件一模一样纸张工艺/offer、雅思、外壳等材料/诚信可靠,可直接看成品样本，帮您解决无法毕业带来的各种难题！外壳，原版制作，诚信可靠，可直接看成品样本。行业标杆！精益求精，诚心合作，真诚制作！多年品质 ,按需精细制作，24小时接单,全套进口原装设备。十五年致力于帮助留学生解决难题，包您满意。
本公司拥有海外各大学样板无数，能完美还原。
1:1完美还原海外各大学毕业材料上的工艺：水印，阴影底纹，钢印LOGO烫金烫银，LOGO烫金烫银复合重叠。文字图案浮雕、激光镭射、紫外荧光、温感、复印防伪等防伪工艺。材料咨询办理、认证咨询办理请加学历顾问Q/微741003700
【主营项目】
一.毕业证【q微741003700】成绩单、使馆认证、教育部认证、雅思托福成绩单、学生卡等！
二.真实使馆公证(即留学回国人员证明,不成功不收费)
三.真实教育部学历学位认证（教育部存档！教育部留服网站永久可查）
四.办理各国各大学文凭(一对一专业服务,可全程监控跟踪进度)
如果您处于以下几种情况：
◇在校期间，因各种原因未能顺利毕业……拿不到官方毕业证【q/微741003700】
◇面对父母的压力，希望尽快拿到；
◇不清楚认证流程以及材料该如何准备；
◇回国时间很长，忘记办理；
◇回国马上就要找工作，办给用人单位看；
◇企事业单位必须要求办理的
◇需要报考公务员、购买免税车、落转户口
◇申请留学生创业基金
留信网认证的作用:
1:该专业认证可证明留学生真实身份
2:同时对留学生所学专业登记给予评定
3:国家专业人才认证中心颁发入库证书
4:这个认证书并且可以归档倒地方
5:凡事获得留信网入网的信息将会逐步更新到个人身份内，将在公安局网内查询个人身份证信息后，同步读取人才网入库信息
6:个人职称评审加20分
7:个人信誉贷款加10分
8:在国家人才网主办的国家网络招聘大会中纳入资料，供国家高端企业选择人才
在线办理(西班牙UPV毕业证书)瓦伦西亚理工大学毕业证毕业完成信一模一样
学校原件一模一样【微信：741003700 】《(西班牙UPV毕业证书)瓦伦西亚理工大学毕业证》【微信：741003700 】学位证，留信认证（真实可查，永久存档）原件一模一样纸张工艺/offer、雅思、外壳等材料/诚信可靠,可直接看成品样本，帮您解决无法毕业带来的各种难题！外壳，原版制作，诚信可靠，可直接看成品样本。行业标杆！精益求精，诚心合作，真诚制作！多年品质 ,按需精细制作，24小时接单,全套进口原装设备。十五年致力于帮助留学生解决难题，包您满意。
本公司拥有海外各大学样板无数，能完美还原。
1:1完美还原海外各大学毕业材料上的工艺：水印，阴影底纹，钢印LOGO烫金烫银，LOGO烫金烫银复合重叠。文字图案浮雕、激光镭射、紫外荧光、温感、复印防伪等防伪工艺。材料咨询办理、认证咨询办理请加学历顾问Q/微741003700
【主营项目】
一.毕业证【q微741003700】成绩单、使馆认证、教育部认证、雅思托福成绩单、学生卡等！
二.真实使馆公证(即留学回国人员证明,不成功不收费)
三.真实教育部学历学位认证（教育部存档！教育部留服网站永久可查）
四.办理各国各大学文凭(一对一专业服务,可全程监控跟踪进度)
如果您处于以下几种情况：
◇在校期间，因各种原因未能顺利毕业……拿不到官方毕业证【q/微741003700】
◇面对父母的压力，希望尽快拿到；
◇不清楚认证流程以及材料该如何准备；
◇回国时间很长，忘记办理；
◇回国马上就要找工作，办给用人单位看；
◇企事业单位必须要求办理的
◇需要报考公务员、购买免税车、落转户口
◇申请留学生创业基金
留信网认证的作用:
1:该专业认证可证明留学生真实身份
2:同时对留学生所学专业登记给予评定
3:国家专业人才认证中心颁发入库证书
4:这个认证书并且可以归档倒地方
5:凡事获得留信网入网的信息将会逐步更新到个人身份内，将在公安局网内查询个人身份证信息后，同步读取人才网入库信息
6:个人职称评审加20分
7:个人信誉贷款加10分
8:在国家人才网主办的国家网络招聘大会中纳入资料，供国家高端企业选择人才
一比一原版(Adelaide毕业证)阿德莱德大学毕业证如何办理
原件一模一样【微信：95270640】【阿德莱德大学毕业证Adelaide学位证成绩单】【微信：95270640】（留信学历认证永久存档查询）采用学校原版纸张、特殊工艺完全按照原版一比一制作（包括：隐形水印，阴影底纹，钢印LOGO烫金烫银，LOGO烫金烫银复合重叠，文字图案浮雕，激光镭射，紫外荧光，温感，复印防伪）行业标杆！精益求精，诚心合作，真诚制作！多年品质 ,按需精细制作，24小时接单,全套进口原装设备，十五年致力于帮助留学生解决难题，业务范围有加拿大、英国、澳洲、韩国、美国、新加坡，新西兰等学历材料，包您满意。
【业务选择办理准则】
一、工作未确定，回国需先给父母、亲戚朋友看下文凭的情况，办理一份就读学校的毕业证【微信：95270640】文凭即可
二、回国进私企、外企、自己做生意的情况，这些单位是不查询毕业证真伪的，而且国内没有渠道去查询国外文凭的真假，也不需要提供真实教育部认证。鉴于此，办理一份毕业证【微信：95270640】即可
三、进国企，银行，事业单位，考公务员等等，这些单位是必需要提供真实教育部认证的，办理教育部认证所需资料众多且烦琐，所有材料您都必须提供原件，我们凭借丰富的经验，快捷的绿色通道帮您快速整合材料，让您少走弯路。
留信网认证的作用:
1:该专业认证可证明留学生真实身份【微信：95270640】
2:同时对留学生所学专业登记给予评定
3:国家专业人才认证中心颁发入库证书
4:这个认证书并且可以归档倒地方
5:凡事获得留信网入网的信息将会逐步更新到个人身份内，将在公安局网内查询个人身份证信息后，同步读取人才网入库信息
6:个人职称评审加20分
7:个人信誉贷款加10分
8:在国家人才网主办的国家网络招聘大会中纳入资料，供国家高端企业选择人才
→ 【关于价格问题（保证一手价格）
我们所定的价格是非常合理的，而且我们现在做得单子大多数都是代理和回头客户介绍的所以一般现在有新的单子 我给客户的都是第一手的代理价格，因为我想坦诚对待大家 不想跟大家在价格方面浪费时间
对于老客户或者被老客户介绍过来的朋友，我们都会适当给一些优惠。
选择实体注册公司办理，更放心，更安全！我们的承诺：可来公司面谈，可签订合同，会陪同客户一起到教育部认证窗口递交认证材料，客户在教育部官方认证查询网站查询到认证通过结果后付款，不成功不收费！
办理阿德莱德大学毕业证毕业证假文凭Adelaide学位证【微信：95270640 】外观非常精致，由特殊纸质材料制成，上面印有校徽、校名、毕业生姓名、专业等信息。
办理阿德莱德大学毕业证Adelaide学位证毕业证假文凭【微信：95270640 】格式相对统一，各专业都有相应的模板。通常包括以下部分：
校徽：象征着学校的荣誉和传承。
校名:学校英文全称
授予学位：本部分将注明获得的具体学位名称。
毕业生姓名：这是最重要的信息之一，标志着该证书是由特定人员获得的。
颁发日期：这是毕业正式生效的时间，也代表着毕业生学业的结束。
其他信息：根据不同的专业和学位，可能会有一些特定的信息或章节。
办理阿德莱德大学毕业证毕业证假文凭Adelaide学位证【微信：95270640 】价值很高，需要妥善保管。一般来说，应放置在安全、干燥、防潮的地方，避免长时间暴露在阳光下。如需使用，最好使用复印件而不是原件，以免丢失。
综上所述，办理阿德莱德大学毕业证毕业证假文凭Adelaide学位证【微信：95270640 】是证明身份和学历的高价值文件。外观简单庄重，格式统一，包括重要的个人信息和发布日期。对持有人来说，妥善保管是非常重要的。
Antyodaya saral portal haryana govt schemes
The Antyodaya Saral Haryana Portal is a pioneering initiative by the Government of Haryana aimed at providing citizens with seamless access to a wide range of government services
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2024: The FAR - Federal Acquisition Regulations, Part 42
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Spending in the 340B Drug Pricing Program, 2010 to 2021
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How To Cultivate Community Affinity Throughout The Generosity Journey
How To Cultivate Community Affinity Throughout The Generosity Journey
Health Insurance Coverage for the U.S. Population, 2024 to 2034
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2024: The FAR - Federal Acquisition Regulations, Part 41
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Rulemaking II
- 2. Environmental Defense Fund v. Hardin, 428 F.2d 1093 (1970) • Facts: • The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) allowed the Secretary of Agriculture to create rules regarding the suspension of dangerous pesticides. • The Department initiated a rulemaking to determine regulations on pesticides (DDT). • The problem, however, is that there is no cap on the amount of time an agency can take to make a rule, only APA requirements on what is too short. • So the Department of Agriculture never closes the comment period and after 10 years and still no final rule, (i.e. farmers could use DDT). • Once rule is finalized then its validity can be challenged in court, but in this case there was no final rule. • Legal Questions: • Does the Environmental Defense Fund have standing to sue the agency? • Can the court offer a judicial remedy when an agency fails to act promptly? • Holding: • Yes, yes. Remanded.
- 3. Environmental Defense Fund v. Hardin, 428 F.2d 1093 (1970) • Vote: • 2 (Bazelon and Robinson) – 0 • Legal Reasoning: • What are the issues that are raised by the Department of Agriculture to support the idea that the court cannot rule on the case? • The Environmental Defense Fund lacks standing. • Department of Agriculture actions under FIFRA are unreviewable by the court. • The case is not “ripe” for consideration being that no final rule has been issued. • Standing • What must you show: • Proof of injury • Proof of causation • Proof that the court can fix the problem • In environmental cases, hard to prove injuries with regard to environmental policy. • Interest groups often sponsor a case to satisfy standing • Where does the judge look to determine if the EDF should have standing? • He looks to the text of FIFRA • What does the text say? • The statute affords a right of review to “any person who will be adversely affected” by an order. • How does the judge interpret this with respect to the EDF? • He says they satisfy this requirement as they have demonstrated that “…the biological harm to man and to other living things resulting from the Secretary’s failure to take action would restrict the use of DDT in the environment.” • The interest group can represent consumers with an “organizational interest” in the problem.
- 4. Environmental Defense Fund v. Hardin, 428 F.2d 1093 (1970) • Reviewability • Where does the judge look to determine whether the court has the right to review actions of the Secretary? • Again he looks to the text of FIFRA. • What does he find? • There is no text that suggests that the agency’s actions (inactions) are “beyond judicial scrutiny.” • Ripeness • The Department of Agriculture argues that because no final rule has yet to be issued, the case is not “ripe” for judicial review. • How does the Court respond to this? • Court says the decision of the Department of Agriculture has exhibited certain finality without taking action (alters ripeness doctrine). • They do not set a specific standard on how long this requires, however. • Judge decided the case was ripe, whereas normally you can’t sue the government for failing to act • Says withholding of benefits causes injury. In other words, the withholding of benefits is the same as the denial of relief. • Expands the number of groups that can sue agencies • What does the judge do with the case? • He remands the case to the Department of Agriculture to make a final decision on DDT. • This will create a record on which the appellate court can rule upon.
- 5. The Results of Hardin • Expansion in the number of decisions reversed and remanded after Hardin. • Leads to: • Judicialization of policymaking • More adjudication • More informal procedures • Because of Hardin it was common to challenge agency rulemaking and adjudication. • Agencies rely more on informal procedures for creating rules as a way to avoid litigation.
- 6. Informal Procedures for Creating Rules • Advisory opinions • Simply a letter to advise a regulated entity on a certain circumstance. • Establishes a policy without notification • No description of the rationale for the opinion • Others are unable to sue because they are unaware (advisory opinions are not published in most cases), only those who receive it know • Memoranda • Published document within the agency • More generic than an advisory opinion • No formal procedure short (no notice, no comment) • Addresses a reoccurring problem • Policy is so minor that it is not necessary to go through the rulemaking procedure. • Limited amount of rationale included for the rule. • Hotline responses • (800#) – call for information • Usually circumstances are straightforward and easily handled • Sometimes, however, calls are unclear, policy is known, but the circumstance doesn’t fit. • In this case the agency representative may establish an unwritten policy as a form of loose guidance. • Cannot sue the agency if the information is bad or causes a problem.
- 7. Formal Procedures for Avoiding Litigation • Negotiated Rulemaking (neg reg – negotiated regulation) • Established procedure under the Negotiated Rulemaking Act (NRMA) of 1990 • Procedure: • Notice of negotiated rulemaking is published in the Federal Register. • Announces the establishment of a negotiated rulemaking committee. • Invites persons to apply for and nominate others for committee membership. • There is no proposed rule included. • Applications for membership and comments on membership. • Minimum 30 day period for comments. • Must determine if committee can represent all interests. • Invitations • Avoid litigation by including power players • *Failed Committee Formulation* • If agency decides not to establish a negotiated rulemaking committee, they must provide the reasons why in the Federal Register. • Hold negotiations • Behind closed doors • Length of time varies • Players may dropout • Want to establish a proposed rule • Mediator presides over the meeting. • Achieve consensus behind an actual proposed rule • Proposed rule is published in the Federal Register. • Notice and Comment procedure then applies.
- 8. Formal Procedures for Avoiding Litigation • Negotiated Rulemaking • Additional Comments: • Everyone who signs onto the final rule is prohibited by law (Negotiated Rulemaking Act of 1990) from suing the agency over the particular rule. • If you drop out of the negotiated rulemaking, your comments are not admissible in court (not published). • Participants can be called as witnesses if agency is challenged by another party. • So the participants provide support to the agency in exchange for having a greater say in the development of a rule. • There are certain participation rights, you can legally challenge or participate, but you can’t do both. • This has been deemed constitutional • This may seem like a good tool on the surface, but many times negotiations fail and the purpose of the procedure is lost. • As a result, this tool has not been used very often by agencies.