Administrative Law

Administrative Law: The Informal Process provides an in-depth exploration of the evolution and functions of administrative agencies within the American legal and governmental systems. Addressing the critical role of agencies in rule-making and adjudication, this work examines the constitutional challenges and democratic implications posed by the rise of what has often been referred to as the "fourth branch of government." While traditional separation of powers was intended to keep legislative, executive, and judicial functions distinct, administrative agencies have blurred these boundaries by combining rule-making and adjudicative functions within a single institution. This book investigates how the adjudicative processes of these agencies, particularly in the form of informal adjudication, significantly influence the lives of individuals and the development of public policy.

Focusing on the adjudicative functions of agencies like the Interstate Commerce Commission (ICC), Federal Communications Commission (FCC), and National Labor Relations Board (NLRB), Administrative Law provides a critical analysis of the procedural dynamics that give shape to administrative rulings. It emphasizes the pragmatic need for expertise, speed, and public policy adherence, which often lead to informal adjudicative practices over formal proceedings. By examining specific agencies in detail, this work constructs a nuanced portrait of the administrative process, offering insights into the legal standards and adversarial contexts that define administrative adjudication today. This volume is essential reading for students and scholars interested in understanding the mechanisms through which administrative agencies shape both law and daily life in modern governance.

This title is part of UC Press's Voices Revived program, which commemorates University of California Press's mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1974.