BAR ADMINISTRATIVE LAW
COMPREHENSIVE REGULATORY LAW AND
AGENCY PRACTICE REVIEW SHEET FULL
SOLUTIONS
●● Admin Law—Administrative agency
Answer: Unit of government with delegated power whose primary
purpose is regulation or benefit distribution.
●● Admin Law—Sources
Answer: Federal and state constitutions, statutes, common law, and
Administrative Procedure Acts.
●● Admin Law—Administrative process snapshot
Answer: Statute implementation, rulemaking, licensing, ratemaking,
investigation/enforcement, adjudication, judicial review, FOIA,
legislative review, executive review.
●● Admin Law—Legitimacy theories
Answer: Transmission belt; New Deal; pluralist/interest representation;
civic republican; procedural regularity/checks and balances.
●● DP—When due process is triggered
,Answer: Due process is triggered when government action deprives a
person of liberty or property.
●● DP—Core of due process
Answer: Notice and a meaningful opportunity to be heard/respond.
●● DP—Protected interests
Answer: Liberty and property interests are protected by the 5th and 14th
Amendments.
●● DP—Property interest test
Answer: A person needs more than a unilateral expectation; they must
have a legitimate claim of entitlement.
●● DP—Goldberg v. Kelly
Answer: Held: welfare benefits are statutory entitlements, so recipients
get a pre-termination evidentiary hearing before benefits stop.
●● DP—Goldberg rule
Answer: Welfare benefits count as property, and termination without a
prior hearing violates due process.
●● DP—Board of Regents v. Roth
,Answer: Held: no property interest in future public employment beyond
what the contract actually grants.
●● DP—Roth rule
Answer: No due process property interest unless there is a legitimate
entitlement, not just hope or expectation.
●● DP—Loudermill
Answer: Held: when public employment is a protected property interest,
the employee must get notice and an opportunity to respond before
termination.
●● DP—Loudermill rule
Answer: The state can create a property interest, but constitutional due
process determines what procedure is required to take it away.
●● DP—Mathews v. Eldridge
Answer: Held: no full pre-termination evidentiary hearing was required
before disability benefits ended, but some pre-termination process was
required.
●● DP—Mathews balancing test
, Answer: (1) private interest affected; (2) risk of erroneous deprivation
and value of added safeguards; (3) government interest, including fiscal
and administrative burdens.
●● DP—Mathews big idea
Answer: Due process is flexible and depends on the situation, not a one-
size-fits-all hearing rule.
●● DP—Ingraham v. Wright
Answer: Held: no prior hearing required before school corporal
punishment where common-law remedies adequately protected against
abuse.
●● DP—Common-law-remedy point
Answer: Available post-deprivation common-law remedies can
sometimes satisfy due process.
●● A/R—Adjudication vs rulemaking basic split
Answer: Adjudication is particularized and quasi-judicial; rulemaking is
general and quasi-legislative.
●● A/R—Particular applicability
Answer: Action affecting specific persons/entities on individual grounds;
points toward adjudication.
COMPREHENSIVE REGULATORY LAW AND
AGENCY PRACTICE REVIEW SHEET FULL
SOLUTIONS
●● Admin Law—Administrative agency
Answer: Unit of government with delegated power whose primary
purpose is regulation or benefit distribution.
●● Admin Law—Sources
Answer: Federal and state constitutions, statutes, common law, and
Administrative Procedure Acts.
●● Admin Law—Administrative process snapshot
Answer: Statute implementation, rulemaking, licensing, ratemaking,
investigation/enforcement, adjudication, judicial review, FOIA,
legislative review, executive review.
●● Admin Law—Legitimacy theories
Answer: Transmission belt; New Deal; pluralist/interest representation;
civic republican; procedural regularity/checks and balances.
●● DP—When due process is triggered
,Answer: Due process is triggered when government action deprives a
person of liberty or property.
●● DP—Core of due process
Answer: Notice and a meaningful opportunity to be heard/respond.
●● DP—Protected interests
Answer: Liberty and property interests are protected by the 5th and 14th
Amendments.
●● DP—Property interest test
Answer: A person needs more than a unilateral expectation; they must
have a legitimate claim of entitlement.
●● DP—Goldberg v. Kelly
Answer: Held: welfare benefits are statutory entitlements, so recipients
get a pre-termination evidentiary hearing before benefits stop.
●● DP—Goldberg rule
Answer: Welfare benefits count as property, and termination without a
prior hearing violates due process.
●● DP—Board of Regents v. Roth
,Answer: Held: no property interest in future public employment beyond
what the contract actually grants.
●● DP—Roth rule
Answer: No due process property interest unless there is a legitimate
entitlement, not just hope or expectation.
●● DP—Loudermill
Answer: Held: when public employment is a protected property interest,
the employee must get notice and an opportunity to respond before
termination.
●● DP—Loudermill rule
Answer: The state can create a property interest, but constitutional due
process determines what procedure is required to take it away.
●● DP—Mathews v. Eldridge
Answer: Held: no full pre-termination evidentiary hearing was required
before disability benefits ended, but some pre-termination process was
required.
●● DP—Mathews balancing test
, Answer: (1) private interest affected; (2) risk of erroneous deprivation
and value of added safeguards; (3) government interest, including fiscal
and administrative burdens.
●● DP—Mathews big idea
Answer: Due process is flexible and depends on the situation, not a one-
size-fits-all hearing rule.
●● DP—Ingraham v. Wright
Answer: Held: no prior hearing required before school corporal
punishment where common-law remedies adequately protected against
abuse.
●● DP—Common-law-remedy point
Answer: Available post-deprivation common-law remedies can
sometimes satisfy due process.
●● A/R—Adjudication vs rulemaking basic split
Answer: Adjudication is particularized and quasi-judicial; rulemaking is
general and quasi-legislative.
●● A/R—Particular applicability
Answer: Action affecting specific persons/entities on individual grounds;
points toward adjudication.
