Essay Assignment
1. What is an administrative/substantive rule?
2. The past two chapters discussed procedural due process and formal adjudications. This chapter discusses some ways around some of these traditional requirements. Explain the shortcut provided in Storer and the subsequent similar cases?
3. In Heckler v. Campbell, 461 U.S. 458 (1983), the Court examined the use of four variables for determining whether an applicant is disabled such that they cannot engage in any work. ALJs could examine these variables and make findings without the necessity of listening to expert testimony regarding that issue. Explain some pros and cons of this approach.
4. Judicial notice is a method whereby a Court can make a finding that something is true without there being any evidence presented on that issue. Administrative agencies have a similar tool which is known as "official notice". There has been some argument regarding the use of official notice for both legislative facts and adjudicative facts. Explain the difference between the two.
5. What is the "rule of convenience" on page 301?
6. The "shortcuts" referred to in Chapter 8 have the potential for undermining due process rights. What have courts done to address this danger in regard to official notice?
Format your assignment according to the give formatting requirements:
1. The answer must be double spaced, typed, using Times New Roman font (size 12), with one-inch margins on all sides.
2. The response also includes a cover page containing the title of the assignment, the course title, the student's name, and the date. The cover page is not included in the required page length.
3. Also include a reference page. The references and Citations should follow APA format. The reference page is not included in the required page length.