Administrative Law
Chapter 9 -
Part 3
ADVANCED STUDIES
Outline and/or List
1. Outline 5 U.S.C. §702 Right of Review. (page 307)
Right to review is suffering a legal wrong by an agency an action for relief in federal court
United States may be a defendant
2. List judicial review perquisites. (page 320)
Standing, ripeness, exhaustion, primary jurisdiction
3. Outline implied and expressed preclusion. (pages 309 and 310)
Expressed preclusion - unless constitutional issue, decision has no judicial
review
Implied preclusion – judicial review not upheld except in labor cases
4. Outline the requirements of primary jurisdiction. (pages 324-325)
Court returns case to agency, agency answers questions on expertise,
agency renders decision on question matter, sends case to Court
ANALYZING DOCUMENTS
1. Analyze what the Court did and did not consider in Stark. (page 346-347)
Did consider right to judicial examination; did not consider the soundness
of the allegations
2. What are the facts to be reviewed in Abbott? (pages 338-340)
Commissioner of Food and Drug ordered trade drug label and generic labels
37 Drug Manufacturers appealed regulation. Reversed and remanded to
Court of appeals.
3. Explain the history of judicial review. (pages 334-335)
The new government had checks and balances. U.S. Supreme Court Justice
John Marshall said the U.S. Constitution prevailed over statutes.
If individual rights violated, administrative decisions reviewed by Court.