Oct 2011

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They are written by the American Law Institute ALI, which is a legal organization composed of noted professors, judges, and lawyers. Restatements are divided broadly into chapters and subdivided into titles and then into sections. Each section begins with a restatement of the law, followed by hypothetical illustrations. Restatements often influence court decisions but are not binding on the courts in and of themselves. ALI has completed Restatements in over fifteen subject areas. The following are selected examples of Restatements of the Law: Legal directories are locators for legal and government information. A variety of resources provide information about attorneys, law firms, legal experts, professors, government officers, corporate legal departments, legal aid organizations, and elected officials. For example, the Federal Regulatory Directory is a comprehensive guide to federal regulatory agencies. It includes citations to laws under which agencies derive their regulatory responsibilities. The United States Government Manual is a directory of federal agencies. Entries include a description of responsibilities of the agency, contacts, and references to the legislation that established the agency.

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Oct 2011

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The scope of judicial review may be limited to certain questions of fairness, or whether the administrative action is ultra vires. In terms of ultra vires actions in the broad sense, a reviewing court may set aside an administrative decision if it is unreasonable under Canadian law, following the rejection of the "Patently Unreasonable" standard by the Supreme Court in Dunsmuir v New Brunswick, Wednesbury unreasonable under British law, or arbitrary and capricious under U. S. Administrative Procedure Act and New York State law. Administrative law, as laid down by the Supreme Court of India, has also recognized two more grounds of judicial review which were recognized but not applied by English Courts, namely legitimate expectation and proportionality. The actions of executive agencies and independent agencies are the main focus of American administrative law. In response to the rapid creation of new independent agencies in the early twentieth century see discussion below, Congress enacted the Administrative Procedure Act APA in 1946. Many of the independent agencies operate as miniature versions of the tripartite federal government, with the authority to "legislate" through rulemaking; see Federal Register and Code of Federal Regulations, "adjudicate" through administrative hearings, and to "execute" administrative goals through agency enforcement personnel. Because the United States Constitution sets no limits on this tripartite authority of administrative agencies, Congress enacted the APA to establish fair administrative law procedures to comply with the constitutional requirements of due process. Agency procedures are drawn from four sources of authority: the APA, organic statutes, agency rules, and informal agency practice. It is important to note, though, that agencies can only act within their congressionally delegated authority, and must comply with the requirements of the APA.

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