Administrative Law
Chapter 6 -
Part 3
ADVANCED STUDIES
Outline and/or List
1. List the pertinent facts in the National Labor Relations Board subpoena. (page 209)
Person who is subject of subpoena, by whom with address, NLRB representative meeting, time, place, case and number, date issued.
2. Outline the limited protection of private premises. (pages 205-206)
A. Municipal Services
1. generalized search
2. neighborhood inspections
B. Search warrant
1. forced inspections
2. receive notification
3. Outline the statements of Justices Frankfurter and Jackson in Document 1.
(Page 218)
Justice Frankfurter – Disagreed – if accused of crime, private records no
longer private/ intrusion of 5th Amendment, “living in a glass house”
Justice Jackson – Agency power would take away 5th Amendment rights
Same as each citizen keeping a diary at all times
4. Outline the exceptions to recordkeeping requirements.
A. Self-incrimination
1. Fifth amendment
2. Only mandatory record information
3. If leads to criminal prosecution
4. Person, not business
B. Reasonableness
1. Not required to keep records if unreasonable time
2. Not required to keep records if beyond cost limit
3. Business secrets – recordkeeping may be adjusted
C. Jurisdiction
1. Person exempt if not under agency jurisdiction
2. Business exempt if not under agency jurisdiction
Analyzing Documents
1. Discuss the Fourth Amendment, reasonable search and inspections. (pages 204-206)
Reasonable search if it isn’t leading to criminal evidence,
search of building and records
2. In Document 1, analyze Justice Frankfurter’s view of the Fifth Amendment
(page 218)
Expand on #3 in Outline and or List
3. Explain “fishing” in Morton Salt – quote from the document. (page 220)
Fishing is getting evidence that is not yet shown to be relevant and without
probable cause.
4. In Document 2, explain Justice Holmes’ opinion of “not to all
documents…” (pages 219-220)
Only documents called are documents containing evidence