Administrative Law Principles and Practice or Fascism

Administrative Law, Principles and Practice (American Casebook Series)

Author: John H Rees

Attention is given to administrative law, the Administrative Procedure Act, and public information. The authors continue with a discussion of agency administration of its legislative program followed by procedural requirements for rulemaking and for federal adjudication, and procedural rights of persons and parties. The text includes material on constitutionally required procedural fairness, formal hearing and agency decisions in formal proceedings, and additional APA provisions. The book concludes by addressing the availability of judicial review, timing, relief pending, and scope of judicial review.

Table of Contents:

Preface to the Second EditionPreface to the First Edition Acknowledgements Table of Cases Table of Statutes Chapter Introduction To Administrative Law What Is Administrative Law? Why Do We Have Administrative Agencies? What Is an Administrative Agency? Separation of Powers Creating an Agency Summary—The Headless ''Fourth Branch'' of Government Introduction to the APA Relevance of APAs History of APAs The Purposes and Structure of the Federal APA General Analysis Under APA The Fundamental Distinction Between Rule Making and Adjudication Summary: The Role of APAs in Administrative Law Public Information Section 3 of the Original APA The Freedom of Information Act The Privacy Act of 1974 The Government in the Sunshine Act Agency Administration of Its Legislative Program Asserting Agency Authority—The Available Means Asserting Agency Authority—Choosing the Means Asserting Agency Authority—Making the Choices Asserting Agency Authority—The Court—Imposed Choice Asserting Agency Authority—Implementing the Choice Procedural Requirements for Rule Making—Federal Agency Legislation The Administrative Procedure Other Procedural Requirements for Federal Rule Making Procedural Requirements for Rule Making: State and Local Procedural Requirements for Adjudication—Federal Initiating the Adjudicatory Process Adjudication Procedures: Agency Legislation Adjudication Procedures: Administrative Procedure Legislation (APA) Informal Adjudication Summary Procedural Rights of Persons and Parties Introduction Agency Legislation Administrative Procedure Act (APA) Discovery: Court Rules, The APA, The Freedom of Information Act (FOIA) and Agency Discovery Rules Constitutionally Required Procedural Fairness Introduction Does Due Process Apply? What Process Is Due? Procedural Due Process—Summary Formal Hearings Introduction The Administrative Procedure Agency Decisions in Formal Proceedings Individual and Institutional Decisions The Morgan Cases Extensive Delegation Within the Agencies Decision Requirements in Agency Legislation Decision Requirements in the APA Additional APA Provisions Agency Powers and Sanction Authority Agency Licensing Actions Coordination With Other Statutes and Superseding or Modifying the APA Negotiated Rule Making The Negotiated Rulemaking Act Administrative Dispute Resolution The Administrative Dispute Resolution Act Regulatory Flexibility The Regulatory Flexibility Act Availability of Judicial Review Presumption of Reviewability Jurisdiction to Provide Review Preclusion of Review Form of Proceeding; Venue; Review in Enforcement Proceedings Federal Court Standing: Model for Making a Standing Analysis; Sovereign Immunity Introduction: Standing as a Component of Article III Justiciability Major Factors Involved in Standing Analysis Major Factors Analyzed Special Considerations—Administrative Law A General Model for Standing Analysis Standing Themes Illustrated Sovereign Immunity Timing of Judicial Review and Relief Pending Review Finality and Ripeness Exhaustion of Administrative Remedies Primary Jurisdiction Relief Pending Judicial Review and Interim Relief Scope of Judicial Review Questions of Law Findings of Fact A Summary Statement on Judicial Review Scope of Judicial Review in the States Index

Interesting book: Das Schaffen Wirksamer Mannschaften: Ein Guide für Mitglieder und Führer

Fascism

Author: Roger Griffin

No political ideology has had a greater impact on modern history, or caused more intellectual controversy, than fascism. It has been identified with totalitarianism, state terror, fanaticism, orchestrated violence, and blind obedience, and was directly associated with the horrors of the Second World War, which left more than 40 million dead and introduced inconceivable notions of inhumanity. The mere mention of the term today evokes visions of atrocities and ineffable cruelty. Yet, the end of the twentieth century appears to have spawned a renewed interest in fascism, suggesting that it is time for us to examine our understanding of its ideas, ideals, and inequities.
Edited by Roger Griffin, described as 'the premier theorist {of fascism} of the younger generation' (Contemporary European History), this important Oxford Reader demonstrates why fascism strongly appeals to many people, and how dangerous the result of this fascination may be. It includes a wide selection of texts written by fascist thinkers and propagandists, as well as by prominent anti-fascists from both inside and outside Europe, before and after the Second World War. Included are texts on fascism in Germany and Italy, on the abortive pre-1945 fascisms in more than a dozen countries around the world, on reactions to fascism, and on post-war and contemporary fascism. With contributions from writers as diverse as Benito Mussolini and Primo Levi, Joseph Goebbels and George Orwell, Martin Heidegger and Max Horkheimer, this compelling anthology provides insight into the depths and breadths of the destructive repercussions of fascist ideology. In no other volume will students of political theory, history, sociology, andpsychology have access to such a compendium of key texts on this simultaneoulsy intriguing and frightening political force.