| Preface | |
| Ch. 1 | Introduction | 1 |
| A | Overview of the Work and Place of Administrative Agencies in Our System of Government | 1 |
| B | Adjudication and Rulemaking | 15 |
| Ch. 2 | Adjudication | 23 |
| A | Constitutional Right to a Hearing | 23 |
| B | How Much Process Is Due? | 66 |
| C | Statutory Hearing Rights: Triggering APA Requirements | 102 |
| D | Parties and Intervention | 117 |
| E | Evidence and Proof Issues | 119 |
| F | Combination of Functions | 133 |
| G | Bias | 147 |
| H | Ex Parte Contacts | 152 |
| I | Estoppel Against the Government | 157 |
| J | Document Disclosure and Open Meetings | 162 |
| Ch. 3 | Rulemaking | 165 |
| A | Introduction to Rulemaking | 165 |
| B | Notice and Comment: "Informal" Rulemaking | 182 |
| C | Exceptions to Informal Rulemaking Requirements | 202 |
| D | Beyond Notice and Comment: "Formal," "Hybrid," and Negotiated Rulemaking | 225 |
| E | Must an Agency Promulgate Rules? | 252 |
| F | Avoiding Adjudication Through Rulemaking | 270 |
| G | Must an Agency Adhere to Its Rules? | 276 |
| Ch. 4 | Role of Agencies in Three-Branch Government | 283 |
| A | Historical Introduction | 283 |
| B | Conforming Agency Practice to Article III | 288 |
| C | The Nondelegation Doctrine | 312 |
| D | The Legislative Veto | 346 |
| E | Executive Power to Appoint | 376 |
| F | Executive Power to Remove | 389 |
| G | Presidential Review of Agency Rulemaking | 425 |
| Ch. 5 | Judicial Review | 437 |
| A | Scope of Review of Fact | 437 |
| B | Scope of Review of Law | 452 |
| C | Distinguishing Issues of Fact and Law | 502 |
| D | Scope of Review of Exercises of Discretion | 513 |
| E | Distinguishing Among Issues of Fact, Law and Discretion | 538 |
| F | Cause of Action, Jurisdiction, Reviewability | 550 |
| G | Standing | 583 |
| H | Ripeness | 654 |
| I | Finality | 669 |
| J | Exhaustion of Administrative Remedies | 684 |
| K | Primary Jurisdiction | 697 |
| App. A | The Administrative Procedure Act (Selected Provisions) | 705 |
| App. B | Uniform Law Commissioners' Model State Administrative Procedure Act (1981) (Selected Provisions) | 729 |
| Table of Cases | 761 |
| Index | 773 |
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