Political Science 410/810

Final Exam
Fall 2005

Instructions:

This will be a two hour, closed-book exam. You will be allowed to use blue books, and I imagine
two blue books will be sufficient. Please do not mark in your blue books until I have told you to,
as I will require certain marks to be placed in the blue books. Please use black or blue ink pens.

The review sheet will consist of 15 short-answer questions. Of the 15, 10 will be on the exam,
and each student will be required to answer eight. Please answer the questions completely. It is
my hope no answer will take more than two to three paragraphs to get full credit. If a question is
marked as counting for 2 questions, that should take about a page or two and must be answered
if marked as required. Each question will count the same, except questions that count for two
questions will be worth double. Please note, some questions will be required, and must be
answered as part of your eight total. The required questions will be clearly marked.

You will note that there are multiple questions marked as counting for two questions. It is
possible some, one or none of them will be on final. If both required double questions are on the
final, you must answer both and then pick four other short answers. (Or you could answer one
optional double question and two other short answers, such that the total equals four.)

Questions:

1. Compare and contrast the jurisdiction and cause of action requirements which allows
Article III courts to hear appeals of agency matters.

2. What is finality in the context of administrative law? When is something final, and what
does it matter if a matter is final or not? Is the finality requirement always required?

3. What is exhaustion of remedies and how does it apply in the administrative law context?
What is the difference in handling of exhaustion if the APA does or does not apply? How
do exhaustion and finality interrelate?

4. Describe the impact of APA Section 701(a)(2) and its impact on the availability of
judicial review? What does the Section mean literally? How does the Volpe case impact
the broad meaning of this Section?

5. What is the role of Due Process in Administrative Law? Where in the Constitution is
it provided that there must be due process at both the state and federal level? Are you
always given Due Process? If not, when do you receive Due Process?


6. Give a quick synopsis of the holding in Goldberg v. Kelly focusing on what impact
that case had on the concept of property and Due Process. Without going into a long
discussion of the case law, name two or three ways the federal courts have narrowed the
holding in Goldberg v. Kelly?

7. (Counts for Two Questions)(Required) Describe the concept of reputation as a liberty
interest. First, discuss briefly what the broad implications of the Meyer v. Nebraska case
are. Without going into a long discussion of the case law, name two or three ways the
federal courts have narrowed the holding in Meyer v. Nebraska.

8. Describe the impact group verses individual deprivations have on the right to due
process. Why do the courts allow this distinction to exist? Briefly discuss the two Circuit
Court decisions we discussed in class and how they exemplify this distinction.

9. Discuss the three part test that was developed in Mathews v. Eldridge which indicates
how much due process is needed. Describe how that test played out in that case, and
how the test still leaves courts excessive latitude in deciding the amount of Due Process
required.

10. State four ways that agency rulemaking can be initiated, giving an original example
for each. (Original meaning not one I used in lecture). Lastly, describe the possible
outcomes if an agency decides to engage in rulemaking based on the petition of an
outside, interested person.

11. (Counts for Two Questions)(Not Required) List and briefly describe the main steps
in agency rulemaking starting with the initiation of rulemaking to when the final rule is
effective.

12. Describe the how the rules of evidence operate in agency adjudication.

13. (Counts for two questions)(Not Required) What is ex parte communications, focusing
on the APA definition? Who makes prohibited communication? What is the effect of a
prohibited communication and how can it be fixed?

14. Explain the role of the administrative law judge in the adjudicatory process. What are
their roles and limitations? Are they always utilized?

15. (Counts for Two Questions) (Required) Explain the concept of Skidmore deference
and the role of the Chevron test. Explain the two part Chevron test, when the test is used
and give an example of how to utilize Chevron analysis. (e.g. my particulate example).