Research Guides : Administrative Law: Federal Agencies (2024)

Agencies are "bureaucratic institutions entrusted with the implementation, management, and administration of our law and public policy."Cornelius M. Kerwin&Scott R. Furlong, Rulemaking: How Government Agencies Write Law and Make Policy, 4th ed. 3 (2011).They are agents of their principals -- the three constitutionally created branches of government --who delegate legislative, executive and judicial functions to agencies.The United States Code defines the term "agency" broadly, by excluding from the definition only Congress, the United States courts, and the governments of United States territories, possessions, and the District of Columbia. U.S. Code §551 (2010). This leaves a huge range of government departments, bureaus, commissions, boards, administrations and agencies within the definition of "agency."Peter L. Strauss, et al.,GellhornandByse'sAdministrative Law Cases and Comments,11thed. 12(2011).

A federal agency exists because Congress determined that some problem needed regulatory oversight.An agency's powers are granted by Congress in an "enabling act," sometimes referred to as an "organic act," and in other specific legislative grants of power. See Administrative Statutes tab.The exercise of those powers, through rulemaking anddecisonmaking, is the subject of administrative law.An agency's power to promulgate legislative regulations is limited to the authority delegated by Congress.Bowen v. GeorgetownUniv.Hosp.,488 U.S. 204, 208 (1988).

Research Guides : Administrative Law: Federal Agencies (2024)

FAQs

Is administrative law difficult? ›

Administrative law is a crucial aspect of modern governance, regulating the activities of government agencies and their interactions with the public. It is a complex and ever-evolving field that requires specialized knowledge and expertise to navigate effectively.

What are the two main categories of federal administrative agencies fall into? ›

There are two main types of administrative agencies: executive agencies and independent agencies. The President generally has much greater control over executive agencies than independent agencies.

Can administrative agencies interpret laws? ›

These agencies have enormous power to enact various rules defining and interpreting relevant statutes, enforce those rules, and adjudicate matters according to those regulations.

How do you research federal law? ›

How to Find Laws, Acts, or Statutes
  1. Web Access. The full text of more recent laws are on the GPO govinfo and Congress.gov websites: ...
  2. Document Rooms. The Senate and House Document Rooms may be able to provide you with a copy of a slip law. ...
  3. Libraries.

Which branch of law is hardest? ›

The most challenging course in law school varies widely, depending on your personal interests, your professor, and your way of thinking. In general, more students find constitutional law and civil procedure the most challenging because they are much more abstract than other areas of law.

What is the hardest law degree to get? ›

The hardest law school to get into is Yale Law School, with an acceptance rate of 5.5%. Followed by: Stanford Law School: 7% acceptance rate. The University of Pennsylvania Carey Law School: 3.8% acceptance rate.

What are the 4 powers of administrative agencies? ›

What do administrative agencies do? Administrative agencies have executive, quasi-legislative, and quasi-judicial functions. They can enforce laws and regulations, create new regulations through the rulemaking process, and conduct adjudicatory proceedings involving violations of laws or regulations.

What branch are administrative agencies controlled by? ›

Introduction. Administrative law focuses on the exercise of government authority by the executive branch and its agencies. These agencies are created by Congress through "enabling legislation," and are authorized to promulgate regulations which have the same force as statutory law.

What are the 4 types of federal agencies? ›

In the U.S. government, there are four general types: cabinet departments, independent executive agencies, regulatory agencies, and government corporations.

What is the Chevron rule in administrative law? ›

The Chevron doctrine, as the Supreme Court extended it in National Cable & Telecommunications Ass'n v. Brand X Internet Services, 545 U.S. 967, 975 (2005), allowed an agency to change its interpretation and still receive deference so long as its interpretation was within the range of reasonable interpretations.

Do administrative agencies have the power to investigate? ›

Administrative agencies are empowered by law to investigate various matters that fall under their legal jurisdiction.

Can administrative agencies make rules? ›

Yes, the Administrative Procedure Act (APA) permits agencies to finalize some rules without first publishing a proposed rule in the Federal Register.

Where can I find federal administrative rules? ›

The official Federal Register is published by the United States Government Printing Office (GPO), in softcover volumes, and online at GovInfo.gov. HeinOnline offers a searchable, official version in PDF.

What is the best way to research case law? ›

It's often best to start your research with a Self-Help book or other legal guides. Often, it's hard to understand a law without more context. It helps to start your research with a legal Self-Help book, practice guides, or legal article. These are called secondary authorities.

How to identify legal issues in a case? ›

In order to figure out all the legal issues in a fact pattern, ask yourself the following questions:
  1. Who are the parties?
  2. What is their relation to each other?
  3. What were their actions?
  4. Who was affected by their actions?
  5. How were they affected?
Aug 2, 2024

What is the easiest branch of law? ›

The easiest law to practice is often considered to be estate planning. This involves helping clients prepare for the distribution of their assets upon death or incapacitation, making it relatively straightforward compared to other legal fields.

What is the most difficult law exam? ›

US - California Bar Exam. The California Bar Exam in the US is a challenging test that assesses legal knowledge, analytical skills, and professional responsibility. Only qualified individuals are admitted to the California bar after successfully passing this examination.

What is administrative law easy? ›

administrative law, the legal framework within which public administration is carried out. It derives from the need to create and develop a system of public administration under law, a concept that may be compared with the much older notion of justice under law.

What is the most difficult class in law school? ›

Some of the hardest classes in law school, according to current and former students, are:
  • Constitutional Law.
  • Civil Procedure.
  • Contracts.
  • Federal Courts.
  • Federal Income Tax.
  • Administrative Law.
  • Partnership Tax.

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