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Administrative Law Research: Immigration Concentration Class Site

History of Administrative Law

According to Justice Stephen Breyer, there are 6 periods in the development of administrative law. From Wikipedia...

Two Important Periods

There are two especially important periods because they led to the creation of the Federal Register and Code of Federal Regulations (1935) and the Administrative Procedures Act (1946).

1930 - 1945: The New Deal and creation of the Federal Register and Code of Federal Regulations (CFR)

The New Deal period saw a vast increase in new agencies and regulatory activity to deal with the Great Depression. The explosion of new regulations led to the creation (watch the video) of the Federal Register and Code of Federal Regulations (CFR) in 1935 to keep track of them all.

1945 - 1965: Enactment of the Administrative Procedures Act

After WWII, concerns about the power of agencies and their haphazard rulemaking procedures led to the enactment of the Administrative Procedures Act. 

Another Important Period Beginning in 2020?

There has been a lot of deregulation, criticism of overactive government, and suspicion of experts (in agencies and otherwise) in the United States in recent years. I wonder if the Coronavirus experience is going to lead to a public outcry for more regulation (both by Congress and federal agencies) of the economy, public health, and healthcare system?

Federal Administrative Procedures Act

Just like Arizona (and all other states), the federal government has an Administrative Procedures Act which is codified in the United States Code at 5 USC 551 et. seq.

The purpose of the federal Administrative Procedures Act  is:

  1. To require agencies to keep the public informed of their organization, procedures and rules
  2. To provide for public participation in the rulemaking process, for instance through public commenting
  3. To establish uniform standards for the conduct of formal rulemaking and adjudication
  4. To define the scope of judicial review