Download Full Text (16.2 MB)
Download Front Matter (37 KB)
Download Foreward by E. Blythe Stason (156 KB)
Download Preface (44 KB)
Download Table of Contents (258 KB)
Download Chapter 1: Development of Administrative Agencies (383 KB)
Download Chapter 2: Functions and Character of Administrative Agencies (394 KB)
Download Chapter 3: Delegation and Combination of Powers (1.0 MB)
Download Chapter 4: Notice and Hearing in Administrative Proceedings (1.5 MB)
Download Chapter 5: Parties and Pleading (536 KB)
Download Chapter 6: Prehearing Conferences and Informal Procedures (394 KB)
Download Chapter 7: Powers to Compel Furnishing of Information (861 KB)
Download Chapter 8: Right to a Fair Trial (1.1 MB)
Download Chapter 9: Presentation of Evidence (704 KB)
Download Chapter 10: Official Notice (375 KB)
Download Chapter 11: Posthearing Procedure (455 KB)
Download Chapter 12: Administrative Adjudication and the Role of Discretion (987 KB)
Download Chapter 13: Practice and Procedure in the Making of Rules (793 KB)
Download Chapter 14: Legal Effect of Rules (552 KB)
Download Chapter 15: Validity of Rules and Regulations (419 KB)
Download Chapter 16: Availability and General Functions of Judicial Review (412 KB)
Download Chapter 17: Utilization and Exhaustion of Administrative Processes as Conditions Precedent to Review (505 KB)
Download Chapter 18: The Scope of Judicial Review (2.2 MB)
Download Administrative Procedure Act (542 KB)
Download Bibliography (224 KB)
Download Table of Cases (1.3 MB)
Download Index (286 KB)
The limits which courts place on the powers of administrative tribunals have particular significance to practicing attorneys and law students. It is largely to the extent that such limits are imposed, that our government remains a government of laws and not a government of men.
The following pages have been written to describe the standards which the courts impose upon administrative agencies, thereby controlling and limiting their powers. More particularly, the writer has sought: (1) to bring together the leading cases in which the courts have laid down the principles that govern frequently litigated questions in contests between the agencies and the parties with whom they deal; (2) to describe the criteria and techniques of administrative adjudication-what may be termed the jurisprudence of administrative tribunals-within these courtimposed standards.
No attempt has been made to discuss the problems of administrative organization and agency management, which are of particular interest to the political scientist and specialist in government. The purpose of this volume is more modest. It is an examination of the relationship between administrative agencies and the courts, with particular reference to judicial doctrines concerning: (1) constitutional limitations on the delegation of powers to administrative agencies; (2) procedural requirements in cases where agencies exercise judicial powers; (3) procedural and substantive requirements imposed in connection with rule-making activities; (4) methods and scope of judicial review.
University of Michigan Law School
Federal agencies, Regulation, Rulemaking, Delegation, Evidence, Judicial review, Separation of powers, Notice, Administrative proceedings, Administrative tribunals, Information
Administrative Law | Constitutional Law | Courts | President/Executive Department
Cooper, Frank E. Administrative Agencies and the Court. Hessel E. Yntema, editor. Michigan Legal Studies. Ann Arbor: University of Michigan Law School, 1951.
Administrative Law Commons, Constitutional Law Commons, Courts Commons, President/Executive Department Commons
Published under the auspices of the University of Michigan Law School (which, however, assumes no responsibility for the views expressed) with the aid of funds derived from gifts to the University of Michigan by William W. Cook.