LEGL 2700 Roessing Exam 4 Questions And
Answers
Administrative Law Judge The individual employed by an administrative agency who is
in charge of hearing the initial presentations in a quasi-judicial case
Immunity Status of exemption from lawsuits or other legal obligations
Administrative Law...
Administrative Law Judge The individual employed by an administrative agency who is
in charge of hearing the initial presentations in a quasi-judicial case
Immunity Status of exemption from lawsuits or other legal obligations
Administrative Law The legal principles involved in the workings of administrative
agencies within the regulatory process
Exhaustion of Remedies A concept used in administrative law that requires any party to
an administrative proceeding to give the administrative agency every opportunity to resolve the
dispute before appealing to the court system
Primary Jurisdiction A doctrine used by reviewing courts to determine whether a case is
properly before the courts or whether it should be heard by an administrative agency first since
such an agency might have expertise superior to the courts'
Free Enterprise Fund v. Public Company Accounting Oversight Board (2010) Businesses
challenge audit oversight board
, LEGL 2700 Roessing Exam 4 Questions And
Answers
Board members had "double tenure" protections
Can only be fired "for cause" by SEC
SEC can only be fired "for cause" by President
Court finds this unconstitutional, but upholds its regulations
Adjusted so SEC can fire at will
Food and Drug Administration v. Brown & Williamson Tobacco Corporation (2000) Can
FDA regulate tobacco advertising?
Food, Drug, and Cosmetic Act gives broad powers
But subsequent statutes indicate "hands off" tobacco
Court vacates regulations 504
2009: new statute
2016: applies to e-cigs
Seila Law LLC v. CFPB (pending 2020) Seila Law asked to send documents to CFPB
Seila refused, because CFPB's structure violates Constitution's separation of powers
CFPB had one director, "for cause" firing
Court disagreed
, LEGL 2700 Roessing Exam 4 Questions And
Answers
Has been upheld before for multi-member boards
CFPB target of conservatives/Elizabeth Warren project
Functions of Administrative Agencies Educate government officials & public
Pass regulations
Enforce regulations
Provide services
Pros of Administrative Agencies Subject matter expertise
Public/consumer safety
Efficient adjudication
Prevent externalities/race to the bottom
Some provide services
Cons of Administrative Agencies Use tax money
Impose compliance costs
Unelected
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