Some might call it the legal practice area that manages big government. In fact,
administrative law is the area of practice governing the organization and operation of the
executive branch (including administrative agencies) and the relations among citizens and
the three branches of government. It includes three parts: statutes related to
agencies’ powers; agency-created administrative rules, regulations, and reports based
on findings of fact; and the legal principles governing agency acts that conflict with
private rights.
Administrative agencies establish standards and enforce regulations affecting every
aspect of our lives, from cable television access in our homes (Federal Communications
Commission), to "acceptable" toxin levels in our drinking water (Environmental
Protection Agency), to food safety (Food and Drug Administration and the Department of
Agriculture).
Government agencies, as agents for the executive, are given authority by Congress or
state legislatures to set policies and regulations primarily to protect the public’s
interest. They function within limits set by the Administrative Procedure Act, the U.S.
Constitution, and state statute, among other laws and legal principles. The Act is the
primary source for federal administrative agency law, designed to ensure uniformity and
openness in federal agency procedures.
So those with concerns about government’s role in society may rest assured that
there is a system to manage the regulators. This system, like government, works for us
all.
The ABA Section of Administrative Law & Regulatory Practice, with
approximately 5,700 members in private practice, academia, and government, regularly
monitors recent developments in federal and state administrative law. Section members can
participate in more than 10 administrative process committees (e.g., dispute resolution
and regulatory initiatives) and 30 government function committees (e.g., defense and
national security and intellectual property) that reflect the broad spectrum of
substantive practice areas within administrative law and regulatory practice.
The Section’s four quarterly meetings provide comprehensive educational
programming and valuable networking opportunities—at a discount for Section members.
Section members also receive the quarterly Administrative & Regulatory Law News,
which covers developments in the judiciary, Congress, the executive branch, and states, as
well as Section news; Administrative Law Review, the only law review in the country
dealing with administrative law and regulatory practice at both state and federal levels;
the annual Developments in Administrative Law and Regulatory Practice, which covers
the most recent changes to this area of practice; and discounts on meetings and continuing
legal education programs.
For more info visit the Section’s website at www.abanet.org/ adminlaw.
You’ll find information on Section meetings, committee descriptions and contacts, and
recent issues of both Administrative Law Review and Administrative &
Regulatory Law News, in addition to other useful links to substantive areas of
administrative law.
Ready Resources
Federal Administrative Procedure Sourcebook, 3rd ed. 2000. PC #501-0024.
Administrative Law & Regulatory Practice Section.
A Guide to Federal Agency Rulemaking, 3rd ed. 1998. PC #540-0001. Government and
Public Sector Lawyers Division.
Section and Division members receive a discounted price.
To order either title, contact the ABA Service Center at 800/285-2221 or visit online
at ababooks.org.
