Administrative Law

  1. Key Concepts and Principles
    1. Non-delegation Doctrine
      1. Definition and History
        1. Origin in the U.S. Constitution
          1. Historical cases and interpretations
          2. Application in Contemporary Law
            1. Constraints on legislative delegation
              1. Implications for agency authority and policy-making
              2. Criticisms and Challenges
                1. Balancing flexibility and accountability
                  1. Impact on regulatory innovation
                2. Chevron Deference
                  1. Definition and Background
                    1. Origins and reasons for Chevron deference
                      1. Key Supreme Court cases establishing the principle
                      2. Application in Practice
                        1. Chevron Two-Step Test
                          1. Step 1: Clarity in Congressional intent
                            1. Step 2: Reasonableness of agency interpretation
                            2. Areas of application and exceptions
                            3. Impact on Administrative Law
                              1. Influence on agency authority
                                1. Criticisms and calls for reform
                                  1. Relationship with other doctrines like Auer deference
                                2. Administrative Discretion
                                  1. Definition and Scope
                                    1. Types and sources of discretion in administration
                                    2. Importance in Decision-Making
                                      1. Balancing rule-based and discretionary power
                                        1. Impact on policy implementation and flexibility
                                        2. Accountability and Control
                                          1. Judicial control over administrative discretion
                                            1. Role of internal agency checks and balances
                                              1. Public and political oversight mechanisms
                                            2. Separation of Powers
                                              1. Constitutional Foundation
                                                1. Structure of government and division of powers
                                                  1. Historical development and judicial interpretations
                                                  2. Role in Administrative Law
                                                    1. Allocation of powers between branches of government
                                                      1. Impact on agency independence and effectiveness
                                                      2. Challenges and Debates
                                                        1. Tensions between efficiency and separation
                                                          1. Executive control versus legislative oversight
                                                        2. Checks and Balances
                                                          1. Definition and Purpose
                                                            1. Ensuring no one branch becomes too powerful
                                                              1. Mechanisms to maintain equilibrium
                                                              2. Implementation in Administrative Processes
                                                                1. Oversight by judicial, legislative, and executive branches
                                                                  1. Role of hearings, investigations, and audits
                                                                  2. Contemporary Issues
                                                                    1. Impact of political dynamics on efficacy
                                                                      1. Innovations in public and stakeholder involvement