ESSAY 8 AL
Read Chapter 8. Answer the following questions in a short-answer essay format. Provide enough information to adequately answer the questions.
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?