Substantive Law Study Support

Administrative Law

Chapter 4 -
Part 3

ADVANCED STUDIES

Outline and/or List

  1. Justice Louis Brandeis commented on the need for public openness on

      page 124.  List the parts of Document 4 (Sunshine Act) you think are
applicable to Brandeis’ statement.  (pages 149-150)

§1013.1 – public entitled to information;
§1013.3 – public announcements and notices, public calendar, and
Federal Register – date, time, place, subject of meeting, open or close, name and phone number, §1013.4 – public meetings and exceptions

 

  1. Outline the similarities and dissimilarities in the Freedom of Information Act and the Privacy Act.  (pages 133-126)
Freedom of Information – disclosure, viewing the records

Privacy Act – non-disclosure, prevents viewing of record
Both Acts demand written requests for viewing or prevention of viewing

 

  1. Outline the Trade Secrets Act.  (pages 137-138)

Protects disclosure of business secrets, statistics, profit and loss, and
business costs.


  1. List the Fifth and Fourteenth Amendment protections. (p.115)
Fifth – life, liberty, property, due process, no double jeopardy

Fourteenth – equal protection, no state interference without due process, natural citizen of United States

 

 

 

Analyzing Documents

  1. Explain how agencies use cost analysis when giving notice.  (page 121)

By the means of giving notices which may be personal contact, but usually
 by mail – either registered or certified


2.   In Document 1, compare the findings in §2051(a) with the purposes
In §2051(b).  (page 147)

Findings – unreasonable risks; purpose – protect public against

unreasonable risks

 

      3.  What type of information is protected in Document 3b?   (page 149)
Confidential information – punishment if disclosed

 

 4.What type of agency is Consumer Product Safety and how are
members appointed?  (page 149-150)

independent regulatory agency; members appointed by President