Fairness and due process were not all that were learned in the course, however. Agency discretion is another significant issue today, and it is important here to name, describe, and give an example of two different types of agency discretion as seen in Hall's (2004) textbook. The first one of these is prosecutorial discretion, and this took place in the case of General Motors v. Federal Energy Regulatory Commission. Prosecutorial discretion is generally involved with criminal cases and actions, such as was the case of General Motors. A complaint was filed, but the agency that was in charge of dealing with those types of complaints exercised its discretion and decided not to proceed any further when it came to a prosecution of the company. It was found that the agency acted correctly in deciding that it was not going to take any action on the complain or proceed with any type of criminal action toward the General Motors company (Hall, 2004).
A second type of agency discretion is protective action, as took place in the case of Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc. This type of agency discretion involves specific agencies...
Administrative Law Lujan v. Defenders of Wildlife Facts: Lujan, the secretary of the Interior is representing the federal government. Defenders of Wildlife is an organization that exists for the purpose of protecting endangered animals. In 1973 the federal government enacted Section 7(a)(2) of the Endangered Species Act, which was originally designed to protect endangered species in the United States and foreign nations. However, the law was scaled back to only apply to
Administrative Law & Due Process The legal foundation for due process in the U.S. is the 5th Amendment which stipulates that the infringement of certain rights of citizens with respect to life, liberty, and property will not be permitted without due process of law. The two fundamental aspects of due process are notice and hearing. The processes themselves have evolved over time, but they are manifestations of the idea that deleterious
Administrative Law & Health Reform The entire discussion regarding health care reform in the United States is greatly influenced by ethical and policy considerations. The field of health care is vast and complicated and is even hard to define. The debate ranges from what should be the mission of health care in America; to what should be its function; and what services should be available (Fein, 2003). Adding to the debate
Australian Administrative Law Seeking Reasons for an Administrative Decision SOUTHERN FARMERS GROUP LTD Level 6, Juvenile House, 12 Independent Street, Adelaide Facsimile: 323-7-895 The Honorable Mr. David Goren DEPUTY COMMISSIONER OF TAXATION (SA) Travel House Income Tax Assessment Act 1936 s 263 Dear Mr. Goren, Request for Statement of Reasons We file this application on behalf of Southern Farmers Group Limited. We request for a written statement of material facts, evidence and reasons under section 263 of the Income Tax Assessment
Politics of Administrative Law An Examination of the Challenges Presented by NLRB vs. Jones & Laughlin Steel Corp. To the Political, Economic, and Legal Philosophies Developed from Munn vs. Illinois and Lochner vs. New York As the 19th century drew to a close, the impact of the Industrial Revolution resulted in shifts in the social contract and witnessed the beginnings of the concentration of corporate power in the hands of big trusts
Response 1 Case: Citizens to preserve Overton Park v. Volpe This particular case was decided by the US Supreme Court. In essence, as Cann (2005) points out, the said court “clarified the guidelines for judicial review of discretionary agency actions” (153). It therefore follows that this is a case of great relevance in the realm of administrative law as it underlines the relevance of judicial controls (as opposed to political controls) over
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