Description
PowerPoint Presentation
Assignment Scenario
As a service to the legal community, Kelly & Associates, LLP periodically provides legal training on various topics for the state Bar Association. The law firm has been asked to give a Continuing Legal Education (CLE) presentation at the upcoming Young Lawyers Forum on the topic of “Administrative Agencies and the 21st Century.” The managing partner, Kathleen Kelly, has asked you to represent the firm, and prepare a PowerPoint presentation addressing this topic.
Assignment Instructions
In addition to directing you to prepare a 15 minute PowerPoint presentation on the topic of “Administrative Agencies and the 21st Century,” Attorney Kelly has suggested you to review chapters 5 and 6 from the textbook. Further, she has asked that you address, at a minimum, the following issues:
- The types of authority delegated by Congress to an agency, and the common ways in which delegated authority can violate the Constitution.
- The intelligible principle and nondelegation doctrine, demonstrating its application by examining Touby v. United States, 500 U.S. 160 (1991)
- As you examine Touby, discuss how patterns of human behavior (i.e. concerns for the public’s health and safety, significance of drug abuse, etc.) influenced the Court’s decision.
- The three types of rulemaking, identifying the advantages and disadvantages of each.
Note:
- While there is no minimum number of slides required, your presentation should address each issue, be informative, written in your own words and contain professional and illustrative graphics.
- All slides must include in-text citations, where necessary, with full references included at the end of PowerPoint presentation.
Explanation & Answer
Attached.
Administrative Law
Name
Institutional Affiliation
Course Name
Instructor Name
Date
Types of authorities delegated by Congress to
agencies.
1. Legislative rule:
➢ This is a power that enables the agency to make rules and regulations that the
American Psychological Association must adhere to and post the federal register's
requirement.
➢ For instance, the Food and Drug Administration (FDA) has the authority to pass
laws that control certain acts within its jurisdiction. As a body that specializes in the
food and drugs industry, it is best suited to pass laws related to it.
2. Enforcement of the violation of the law.
➢ “This power allows administrative agencies to monitor and achieve the legislator's
goals to comply and identify the violations of rules, regulations, and statutes” (Garvey
& Sheffner, 2018, p. 9).
(No.2 Cont…Enforcement of the violation of the law)
➢ For instance, if the congress has passed a law on noise pollution, it is up to the
environmental body to follow up on the offenders and ensure they are duly punished as
per the law. This is because the congress cannot follow up on every single component
of the laws it makes and hence the same i...
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