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Administrative law bureaucracy in a democracy Sixth
Edition. Edition Daniel E. Hall Digital Instant Download
Author(s): Daniel E. Hall
ISBN(s): 9780133493870, 0133493873
Edition: Sixth edition.
File Details: PDF, 8.96 MB
Year: 2015
Language: english
Administrative Law
           Bureaucracy in
            a Democracy
                            Sixth Edition
                   Daniel E. Hall, J.D., Ed.D.
                           Miami University
    Boston Columbus Indianapolis New York San Francisco Upper Saddle River
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                                   Dedication
                                                 To Aryana
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Library of Congress Cataloging-in-Publication Data
Hall, Daniel (Daniel E.)
  Administrative law: bureaucracy in a democracy / Daniel E. Hall, J.D., Ed.D., Miami University. — Sixth Edition.
  pages cm Includes bibliographical references and index.
  ISBN-13: 978-0-13-349387-0 (alk. paper)
  ISBN-10: 0-13-349387-3 (alk. paper)
  1. Administrative law—United States. I. Title.
  KF5402.H35 2015
  342.73'06—dc23
                                                                 2013039062
10 9 8 7 6 5 4 3 2 1
                                                                                                               ISBN 10: 0-13-349387-3
                                                                                                           ISBN 13: 978-0-13-349387-0
Brief Contents
Chapter 1        Introduction 1
Chapter 2        Bureaucracy and Democracy 16
Chapter 3        Agency Discretion       53
Chapter 4        The Requirement of Fairness        69
Chapter 5        Delegation 114
Chapter 6        Agency Rulemaking 143
Chapter 7        Agency Investigations and Information
                 Collection 175
Chapter 8        Formal Adjudications 208
Chapter 9        Accountability through Reviewability            243
Chapter 10 Accountability through Accessibility                  302
Chapter 11 Accountability through Liability               337
Appendix A Constitution of the United States of America    385
Appendix B A
            dministrative Procedure Act (5 U.S.C. §551 et seq.)
           Excerpts 400
Appendix C Selected Executive Orders    426
Index   455
                                                                       iii
     Contents
     Preface xii
     Acknowledgments xvi
     About the Author xvi
     Chapter 1     Introduction        1
                   1.1 Administrative Law Defined 2
                   1.2 Sources of Administrative Law 2
                       1.2(a) Constitution 2
                       1.2(b) Enabling Laws 2
                       1.2(c) Administrative Procedure Act 3
                       1.2(d)	Executive Orders, Proclamations,
                               and Signing Statements 3
                   1.3 Administrative Agencies 5
                       1.3(a) The Need for Agencies 7
                       1.3(b) Types of Agencies 8
                       1.3(c) The History and Size of the Bureaucracy 9
                       1.3(d) The Impact of Agencies on Daily Life 13
                   1.4 Conclusion 14
     Chapter 2     Bureaucracy and Democracy 16
                   2.1    Democracy and Accountability         17
                         2.1(a) Democracy Defined 17
                         2.1(b) Federalism 18
                         ▶ United States v. Morrison 22
                         ▶ Gonzales v. Oregon       24
                         ▶	National Federation of Independent Business v.
                            Sebelius 28
                         ▶ Preston v. Ferrer   33
                         ▶ A
                            merican Trucking Associations, Inc. v. Michigan Public
                           Service Comm’n 35
                       2.1(c) Separation of Powers 38
                   2.2 Controlling the Bureaucracy 40
                       2.2(a) Bureaucracy Defined 40
                       2.2(b) Presidential Control 40
                         ▶ F ree Enterprise Fund v. Public Corporation Accounting
                            Oversight Board 43
                         ▶ Clinton v. City of New York    46
                         2.2(c) Congressional Control 47
                         ▶ INS v. Chadha       48
                       2.2(d) Judicial Control           50
                   2.3 Conclusion 51
iv
                                                                          Contents   v
Chapter 3   Agency Discretion             53
            3.1   Introduction 54
            3.2   Detriments and Benefits of Discretion       54
            3.3   Limits on Agency Discretion 56
            3.4   Examples of Agency Discretion 56
                  3.4(a) Prosecutorial Discretion 56
                  ▶ G
                     eneral Motors v. Federal Energy Regulatory
                    Commission 57
                  3.4(b) Rulemaking and Policy Discretion          58
                  ▶ Gonzalez v. Reno      58
                  3.4(c) Claims and Applications Decisions           63
                  3.4(d) Protective Action 63
                  ▶ Brock v. Roadway Express, Inc. 64
                3.4(e) Tests and Inspections Generally 65
                3.4(f)	Advisory Opinions and Declaratory Orders 66
                3.4(g) Mediation and Arbitration 67
                3.4(h) Other Action 67
            3.5 Conclusion 67
Chapter 4   The Requirement of Fairness                  69
            4.1 Due Process in General              70
            4.2 Protected Interests 72
                4.2(a) Life 72
                4.2(b) Liberty 73
                4.2(c) Property 73
                  ▶ Perry v. Sindermann 74
                  ▶ Garcetti v. Ceballos       75
                  ▶ Goss v. Lopez    80
            4.3 Cost-Benefit Analysis          82
            4.4 Notice 83
            4.5 Hearings 84
                4.5(a) Where 84
                4.5(b) What 84
                4.5(c) When 85
                  ▶ Goldberg v. Kelly     86
                  ▶ Gilbert v. Homar      88
                  ▶ Ingraham v. Wright 92
                4.5(d) Counsel 93
            4.6 Equal Protection 93
                  ▶ Dixon v. Love   94
                  4.6(a) The Tests        95
                  ▶ Romer v. Evans      95
                  ▶ FSK Drug Corp. v. Perales       99
                  4.6(b) Affirmative Action and Diversity      100
vi   Contents
                                  ▶ Grutter v. Bollinger   101
                                  ▶ Gratz v. Bollinger 104
                                  4.6(c) Fifteenth Amendment             107
                                  ▶ Rice v. Cayetano 107
                            4.7 Conclusion 110
                Chapter 5   Delegation        114
                            5.1 What Is Delegation? 115
                            5.2 Delegating Legislative Authority           115
                                  ▶ United States v. Grimaud 117
                                  ▶ Panama Refining Co. v. Ryan      118
                            5.3 The Delegation Doctrine Today              122
                                  ▶ Touby v. United States   123
                                  ▶ Whitman v. American Trucking Associations          127
                            5.4 Delegating Judicial Authority            129
                                  ▶ South Dakota v. Department of Interior       130
                            5.5 Delegating to Private Agencies            134
                                  ▶ Foley v. Osborne Court Condominium           135
                            5.6 Delegation and Criminal Law              138
                            5.7 Arrest and Detention 139
                            5.8 Conclusion 140
                Chapter 6   Agency Rulemaking 143
                            6.1   In General 144
                            6.2   Rulemaking and Adjudication Defined              151
                            6.3   The Volume of Rules 152
                            6.4   Types of Rules 152
                            6.5   Rulemaking Procedure 154
                                  6.5(a) Formal Rulemaking 155
                                  ▶ United States v. Florida East Coast Railroad       155
                                  6.5(b) Informal Rulemaking 158
                                  6.5(c)	Beyond the APA’s Requirements: Hybrid
                                          Rulemaking 159
                                  6.5(d) Exempted Rulemaking 164
                                  6.5(e) Negotiated Rulemaking 165
                                  ▶ V
                                     ermont Yankee Nuclear Power Corp. v. Natural
                                    Resources Defense Council 166
                                6.5(f) Advisory Committees 167
                            6.6 Ratemaking 167
                            6.7 Taxation and Revenues 167
                            6.8 Controlling Rulemaking Authority 168
                                  ▶ FDA v. Brown & Williamson      168
                            6.9 Conclusion 172
                                                                            Contents   vii
Chapter 7   Agency Investigations and Information
            Collection 175
            7.1 Acquiring Information 176
            7.2 Recordkeeping and Reporting          176
                 ▶ United States v. Morton Salt Co. 177
                7.2(a) Fifth Amendment Aspects 178
                7.2(b) Immunity 179
            7.3 Inspections, Tests, and Searches 180
                7.3(a) Fourth Amendment Aspects 181
                 ▶ Camera v. Municipal Court 183
                 7.3(b) Drug, Alcohol, AIDS, and DNA Testing          185
                 ▶ Skinner v. Railway Labor Executive Ass’n   186
                 ▶ Vernonia School District v. Acton 194
                 7.3(c) Closely Regulated Businesses          199
                 ▶ Donovan v. Dewey      199
            7.4 Subpoenas 202
                7.4(a) Enforcement of Subpoenas            204
            7.5 Parallel Proceedings 205
            7.6 Paperwork Reduction Act 205
            7.7 Conclusion 206
Chapter 8   Formal Adjudications               208
            8.1 In General 209
            8.2 Notice 209
            8.3 Parties and Participation 211
                8.3(a) Parties in Interest and Intervention         211
                 ▶ A
                    shbacker Radio Corp. v. Federal Communications
                   Commission 212
                 8.3(b) Other Methods of Participation 214
            8.4 Discovery 215
            8.5 Prehearing Conference 217
            8.6	Prehearing Settlement and Alternative Dispute
                 Resolution 217
            8.7 The Hearing 217
                 8.7(a) Evidence Admissibility 218
                 ▶ Richardson v. Perales   219
                 ▶ Immigration & Naturalization Service v.
                    Lopez-Mendoza 222
                 8.7(b) Burdens 224
                 8.7(c) Standards 225
                 8.7(d) Administrative Law Judges          226
                 ▶ Steadman v. United States 226
                 ▶ Woodby v. Immigration & Naturalization Service 227
                 ▶ Abruzzo v. Social Security Administration 229
                 ▶ Gibson v. Berryhill   231
viii   Contents
                                  8.7(e) Counsel and Attorney Fees 234
                                  8.7(f) The Decision 235
                                  8.7(g) Observing an Administrative Hearing                 239
                                  ▶ Administrative hearing record 240
                              8.8 License Cases 240
                              8.9 Conclusion 241
                  Chapter 9   Accountability through Reviewability                     243
                              9.1 In General 244
                              9.2 Sources of Review Authority             244
                                  9.2(a) Statutory 244
                                  9.2(b) Nonstatutory 246
                              9.3 Agency Discretion 246
                                  ▶ Heckler v. Chaney        247
                                  ▶ Lincoln v. Vigil   249
                              9.4 Standing     251
                                  ▶ A
                                     ssociation of Data Processing Service
                                    Organizations v. Camp 252
                                  ▶ Clapper v. Amnesty International USA 254
                                  9.4(a) Citizen and Taxpayer              256
                                  ▶ Federal Election Commission v. Akins         257
                                  9.4(b) Qui Tam Actions 260
                                  9.4(c) Environmental Cases 261
                                  ▶ Sierra Club v. Morton 261
                                  9.4(d) Competitor 264
                                  9.4(e) Consumer 264
                                  9.4(f) Statutory 264
                                  9.4(g) Constitutional 266
                              9.5 Timing of Review 266
                                  9.5(a) Primary Jurisdiction 266
                                  9.5(b) Exhaustion of Administrative Remedies                267
                                  9.5(c) Ripeness 271
                                  ▶ Woodford et al. v. NGO         274
                                  ▶ Sackett v. EPA 277
                                  ▶ Mckart v. United States 279
                              9.6 Scope and Standards of Review 280
                                  9.6(a) Standard One: De Novo 280
                                  9.6(b) Standard Two: Substantial Evidence 281
                                  9.6(c)	Standard Three: Arbitrary, Capricious,
                                          Abuse of Discretion 281
                                  ▶ Federal Communications Commission v. Fox            282
                                  ▶ Massachusetts, et al. v. EPA         285
                                  9.6(d) Issues of Law        287
                                  ▶ C
                                     hevron, U.S.A., Inc. v. Natural Resources Defense
                                    Council, Inc. 287
                                                                           Contents   ix
                 ▶ C
                    ity of Arlington v. Federal Communications
                   Commission U.S. Supreme Court 290
                 9.6(e) Issues of Fact 292
                 9.6(f) Mixed Questions of Law and Fact 292
                 9.6(g) Issues of Discretion 293
                 9.6(h) Failure to Raise Issues 293
                 9.6(i) Alternative Rationale 294
             9.7 Review of Rules 294
             9.8 Common Law Doctrines 294
                 9.8(a) Res Judicata 295
                 9.8(b) Collateral Estoppel 296
                 9.8(c) Application to the Government 296
                 9.8(d) Equitable Estoppel 297
                 ▶ Schweiker v. Hansen    298
                 9.8(e) Laches 299
             9.9 Conclusion 299
Chapter 10 Accountability through Accessibility                302
             10.1 Introduction 303
             10.2 Freedom of Information Act 303
                  10.2(a) Publication Requirement 304
                  10.2(b) Inspection and Copying Requirement 305
                  10.2(c)	Production upon Request
                           Requirement 305
                  10.2(d) FOIA as Discovery 309
                  10.2(e) Fees and Waivers 309
                  10.2(f) Exemptions 309
                 ▶ Milner v. Department of Navy 562 U.S. 311
                 ▶ U
                    nited States Department of Defense v. Federal Labor
                   Relations Authority 510 U.S. 487 314
                 ▶ N
                    ational Archives & Records Administration v. Favish
                   541 U.S. 157 316
                  10.2(g) Judicial Review and Remedies 319
                  10.2(h) Congressional Monitoring 320
             10.3 Privacy Act 320
                  10.3(a) Collection of Information 321
                  10.3(b)	Maintaining Records, Publication, and
                           Rules 322
                  10.3(c) Disclosure of Records 322
                  10.3(d) Relationship of FOIA and Privacy Act 323
                  10.3(e) Individual Access 326
                  10.3(f) Amending Records 326
                  10.3(g) Judicial Review and Remedies 326
                 ▶ Ray v. Turner 587 F.2d 1187 328
                 10.3(h) Congressional Monitoring        329
x   Contents
                            10.4 Government in the Sunshine Act 329
                                 10.4(a) Exemptions 329
                                 10.4(b) Judicial Review and Remedies 330
                                 10.4(c) Congressional Monitoring 330
                            10.5 Federal Advisory Committee Act 330
                            10.6 Trade Secrets Act 331
                            10.7 Privatization and the Public’s Right to Know 331
                            10.8 Conclusion 332
                                 ▶ Forsham v. Harris    332
               Chapter 11 Accountability through Liability                     337
                            11.1 Introduction 338
                            11.2 Sovereign Immunity 338
                            11.3 Federal Tort Claims Act and Its Exceptions 340
                                 11.3(a) Executive Functions 341
                                 11.3(b) Intentional Torts 341
                                 11.3(c) Discretionary Function Doctrine 341
                                 ▶ Bowers v. City of Chattanooga 342
                                 11.3(d) Scope of Employment 344
                                 11.3(e) Public Duty Doctrine 345
                                 ▶ Kirk v. City of Shawnee         345
                                  11.3(f) Damages and Other Limitations                349
                            11.4	Federal Employee Reform and Tort
                                  Compensation Act 350
                            11.5 Section 1983 Actions 350
                                  11.5(a) Plaintiffs and Defendants 351
                                 ▶ Monell v. Department of Social Services           352
                                 11.5(b) Deprivation and Color of Law                353
                                 ▶ County of Sacramento v. Lewis         355
                                 11.5(c) Remedies, Fees, and Costs               357
                                 11.5(d) Procedure 358
                                 ▶ Smith v. Wade 359
                                 11.5(e) Immunities          360
                                 ▶ Harlow v. Fitzgerald      362
                                 ▶ Filarsky v. Delia   365
                            11.6 Constitutional Claims          370
                                 ▶ Bivens v. Six Unknown Agents 370
                                 ▶ Hui v. Castaneda       371
                                 ▶ Vance v. Rumsfeld         372
                            11.7 Common Law Torts and Official Immunity                    373
                                 ▶ Strothman v. Gefreh 374
                            11.8 Tucker Act     375
                                 ▶ United States v. Navajo Nation        376
                            11.9 Ethical Expectations and Liability            377
                                                                         Contents   xi
                 11.10 Private Parties as Government Actors 378
                 11.11 Other Constitutional Issues: Takings and Free
                        Speech 382
                 11.12 Conclusion 382
Appendix A Constitution of the United States of America     385
Appendix B A
            dministrative Procedure Act (5 U.S.C. §551 et seq.)
           Excerpts 400
Appendix C Selected Executive Orders     426
Index   455
      Preface
      Introduction
      The administrative state, both federal and state, continues to expand. Presidents
      who are committed to small, limited government have had little impact on the size
      of the United States bureaucracy. Now, under the leadership of President Barack
      Obama, the United States is embarking on the largest federal policy program since
      President Franklin D. Roosevelt championed the creation of Social Security in
      1935, health care reform. Add to this the growth in the federal government result-
      ing from the War on Terror, the increased regulatory activity of the federal gov-
      ernment in response to the nation’s banking, financial, and accounting industries
      crises, and the federal government’s stimulus activities to reenergize the economy,
      and the result is a growing federal government, in size and policy reach.
            The continued growth of agencies and the authorities they possess often
      stress existing notions of the role of government, federalism, accountability, de-
      mocracy, and governmental structure. These realities are the best evidence of the
      need for the study of administrative law and for a book that challenges students
      to think about the administrative state in logical, critical, and analytical ways. It is
      imperative for professionals in the field to understand the authorities that admin-
      istrative agencies possess, how agencies are kept accountable, and the existing, and
      potential, constitutional and other constraints on agency authority that exist. It is
      my hope that this text does this.
            The challenge is to remember what the framers feared and to remain stead-
      fast in preserving what they designed, even in the wake of social, economic, and
      technological change. This text is devoted to the idea that government is to remain
      accountable, and that tyranny can be averted by having an informed and engaged
      population and through a thoughtfully built administrative enterprise. The simple
      division of power into federal and state and into three branches is no longer realis-
      tic, but the principle is the right one, and with some molding it can continue to be
      an effective structural constraint on agency authority. The reader will learn in this
      text that most constitutional rules and doctrines that apply to administrative law
      are intended to keep government accountable.
            This text has three objectives:
           1. Examine administrative law in the context of accountability and the pre-
              vention of governmental abuse of power
           2. Assist students in critical thinking and case analysis by including case
              excerpts
           3. Provide students with practical knowledge of administrative agencies and
              the laws that govern their behavior
      Organization of Topics
      Chapter 1 introduces the student to administrative agencies and administrative
      law. A discussion of the size of the American bureaucracy and how it affects the
      daily lives of those living in the United States is intended to pique the reader’s
      interest.
xii
                                                                                          Preface   xiii
      Chapter 2 sets the tone for the remainder of the book. It discusses the con-
cept of free government, how the framers of the Constitution intended to protect
freedom, and the contemporary challenges administrative law faces today.
      Chapter 3 examines agency discretion and provides many practical exam-
ples of discretionary agency authority. The idea of abuse of discretion is a segue to
Chapter 4’s discussion of due process and fairness.
      Chapter 4 explores due process and equal protection in the administrative
context. Practical problems are discussed, as is the conceptual aspect of protecting
against governmental abuses.
      Chapter 5 discusses legislative delegations of authority to agencies.
      Chapter 6 continues this discussion by examining the delegation of rulemak-
ing power. Delegations to private parties are included, as privatization is becom-
ing increasingly popular. Delegations of criminal law authority are also discussed
because there appears to be an increase in the penal authority of many agencies.
      Chapter 7 is concerned with agency investigations and data collection.
Fourth Amendment search-and-seizure and Fifth Amendment self-incrimination
issues are discussed in detail. Drug and AIDS testing are given special attention.
      Chapter 8 is devoted to agency adjudications. The right to participate, ad-
judicatory procedures, administrative law judges’ selection and bias, and other
concepts are covered. This leads into the discussion of judicial review found in
Chapter 9.
      Chapter 9 looks at judicial review of agency action. Limiting doctrines, such
as exhaustion and primary jurisdiction, are discussed. Standards of review, scope
of review, and sources of common law review are also part of this chapter.
      Chapter 10, entitled “Accountability Through Accessibility,” addresses open
government. The federal Freedom of Information Act, Privacy Act, Open Meetings
Act, Federal Advisory Committee Act, and Trade Secrets Act are detailed.
      Chapter 11 looks at a form of judicial review different from that in
Chapter 9. This chapter is concerned with the civil liability of governments and
government officials in the performance of their duties. This chapter examines
both federal and state common law remedies and immunities.
      Finally, the appendix on researching administrative law issues that appeared
in previous editions was updated and can be found at the following resource site:
www.pearsonhighered.com/careersresources.
Text Features
The writing style and language of this book are intended for the undergraduate
student in law, justice, or political science or the graduate student in nonlaw fields.
When used, legalese is explained.
      As mentioned, I have included case excerpts throughout the text. Cases were
selected on the basis of the following criteria: importance and impact, currency,
clarity of writing, and ability to be edited successfully. The book has been written
so that the text can stand alone. The cases are used to illustrate or more fully de-
velop ideas that are discussed in the text.
      To keep the cases to an appropriate length, considerable text has been e xcised
from most of them. The guiding principle in the editing process was to reduce the
size of each case without jeopardizing its legal and educative integrity. Some in-
ternal citations have been retained, others removed. In some instances, especially
a long string of citations, the removal of a citation is denoted with an ellipsis. In
others, the citations have been removed without notation.
xiv   Preface
                       Each chapter opens with a set of learning objectives that are sequentially
                designed around Bloom’s taxonomy.
                       Many illustrations, graphs, and figures are used to assist students in con-
                ceptualizing the subjects discussed. These include conceptual mapping diagrams
                as well as data charts.
                       Sidebars on topics related to the discussion in the text have been included to
                increase student interest in the subject.
                       Legal terms appear in boldface in the text and are defined in the margins.
                       At the close of each chapter, a legal Web site is featured in Lawlinks.
                In addition, a list of Web sites can be found in the researching administrative law
                issues supplement found in the Instructor Resource Center.
                       Review questions and review problems can be found at the close of each
                chapter. Review questions are designed to test the reader’s retention of the
                content of the chapter. The review problems are designed to test the reader’s
                ability to apply the concepts of the chapter to a set of facts or to engage in critical
                 analysis.
                       Appendices include excerpts from the federal Constitution, the
                 Administrative Procedure Act, selected presidential executive orders, and an ap-
                  pendix describing how to perform administrative law research.
                NEW TO THIS EDITION
                It is difficult for me to believe that this text is in its sixth edition, representing 20
                years of publication. I am honored that so many instructors continue to rely on
                this text to assist their students in learning this subject. It has changed over time,
                in part due to the comments and suggestions of reviewers, adopters, and students.
                Please, share your content suggestions and please don’t hesitate to point out typo-
                graphical and other errors with me at the e-mail address provided.
                       I don’t believe in fixing things that are not broken. Accordingly, as true in
                prior revisions, the basic architecture of this book has not been changed. While
                the architecture and pedagogy remain the same, valuable changes were made.
                These include:
                     •	Since the last edition of this text national health care reform has b egun
                        implementation and the constitutional challenges to the law have been
                         heard and decided by the Supreme Court. These developments are
                         included in this edition.
                     •	Of course, the law has been updated through 2013 and indeed, the
                          Supreme Court of the United States issued several decisions concerning
                           standing, Chevron, liability of public officials and private parties when
                           acting as government agents, DNA testing of arrestees and job applicants,
                           and reviewability of final orders.
                     •	Several of the longer cases were shortened, a couple of cases were removed,
                           and new case excerpts were added including Milner v. Navy (FOIA),
                           Clapper v. Amnesty (standing), and Sackett v. EPA (final order under
                            APA).
                     •	New sidebars on President Obama’s attempts to increase transparency,
                            the history of civil service, and the importance of the Federal Circuit in
                            administrative law appear, as does a recent executive order by President
                            Obama.
                     •	To manage page length, the appendix on researching administrative law
                            issues has been moved to the online supplments.
                                                                                           Preface   xv
     •	The reviewers made outstanding suggestions that I incorporated, nearly
        in toto. These included excellent content additions and legal elaborations,
        better placement of cases and figures, typographical errors and corrections,
        and harmonizing discrepancies between previous editions. S pecifically revi-
        sions and additions to the sections on federal employees and the Pendleton
        Act, right to counsel at administrative hearings, subpoena powers of agen-
        cies, FOIA, and review of administrative rules by Congress under the
        Congressional Review Act were a consequence of the review process.
      A note about style and what doesn’t appear in these pages is necessary. Many
factors influence the choice of cases, including how amendable the case is to being
reduced in size and still achieve the intended learning objective, age, effectiveness
and clarity of writing, how closely the subject matches the discussion in the text,
and whether the case teaches tangential but important material. In the process of
editing the cases I have taken some liberties. For example, to ease reading flow
I have removed most, but not all, internal references and citations. I have done
that without using ellipses or other indicators, lest the flow of reading is too inter-
rupted. A few citations and internal references have been left, sometimes because
they reinforce a case that has been learned and other times because they expose
the reader to the style of judicial writing.
      I hope this text assists you in teaching or learning this subject. Your comments
or questions are welcomed. Please direct these to either Pearson editors or me.
                                                                          Daniel E. Hall
      Please share your comments with me at 
[email protected].
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                               Medicine - Study Cards
                                      Summer 2021 - Faculty
                                   Prepared by: Instructor Davis
                                         Date: July 28, 2025
Introduction 1: Learning outcomes and objectives
Learning Objective 1: Case studies and real-world applications
    • Case studies and real-world applications
    - Sub-point: Additional details and explanations
    - Example: Practical application scenario
    - Note: Important consideration
Learning Objective 2: Theoretical framework and methodology
   • Current trends and future directions
   - Sub-point: Additional details and explanations
   - Example: Practical application scenario
Learning Objective 3: Ethical considerations and implications
    • Problem-solving strategies and techniques
    - Sub-point: Additional details and explanations
    - Example: Practical application scenario
    - Note: Important consideration
                          Formula: [Mathematical expression or equation]
Learning Objective 4: Experimental procedures and results
   • Historical development and evolution
   - Sub-point: Additional details and explanations
   - Example: Practical application scenario
   - Note: Important consideration
Learning Objective 5: Research findings and conclusions
   • Key terms and definitions
   - Sub-point: Additional details and explanations
   - Example: Practical application scenario
Key Concept: Comparative analysis and synthesis
   • Experimental procedures and results
   - Sub-point: Additional details and explanations
   - Example: Practical application scenario
   - Note: Important consideration
Definition: Ethical considerations and implications
    • Best practices and recommendations
    - Sub-point: Additional details and explanations
    - Example: Practical application scenario
    - Note: Important consideration
Definition: Practical applications and examples
    • Fundamental concepts and principles
    - Sub-point: Additional details and explanations
    - Example: Practical application scenario
    - Note: Important consideration
Example 8: Case studies and real-world applications
   • Literature review and discussion
   - Sub-point: Additional details and explanations
   - Example: Practical application scenario
   - Note: Important consideration
                                     [Figure 9: Diagram/Chart/Graph]
Note: Literature review and discussion
    • Practical applications and examples
    - Sub-point: Additional details and explanations
    - Example: Practical application scenario
    - Note: Important consideration
                                   [Figure 10: Diagram/Chart/Graph]
Background 2: Experimental procedures and results
Practice Problem 10: Critical analysis and evaluation
    • Literature review and discussion
    - Sub-point: Additional details and explanations
    - Example: Practical application scenario
    - Note: Important consideration
Definition: Key terms and definitions
    • Critical analysis and evaluation
    - Sub-point: Additional details and explanations
    - Example: Practical application scenario
    - Note: Important consideration
Key Concept: Research findings and conclusions
   • Assessment criteria and rubrics
   - Sub-point: Additional details and explanations
   - Example: Practical application scenario
   - Note: Important consideration
Practice Problem 13: Experimental procedures and results
   • Learning outcomes and objectives
   - Sub-point: Additional details and explanations
   - Example: Practical application scenario
   - Note: Important consideration
Key Concept: Learning outcomes and objectives
   • Comparative analysis and synthesis
   - Sub-point: Additional details and explanations
   - Example: Practical application scenario
   - Note: Important consideration
Key Concept: Practical applications and examples
   • Statistical analysis and interpretation
   - Sub-point: Additional details and explanations
   - Example: Practical application scenario
   - Note: Important consideration
Note: Research findings and conclusions
   • Fundamental concepts and principles
   - Sub-point: Additional details and explanations
   - Example: Practical application scenario
Note: Comparative analysis and synthesis
   • Assessment criteria and rubrics
   - Sub-point: Additional details and explanations
   - Example: Practical application scenario
   - Note: Important consideration
Important: Study tips and learning strategies
    • Practical applications and examples
    - Sub-point: Additional details and explanations
    - Example: Practical application scenario
                          Formula: [Mathematical expression or equation]
Definition: Literature review and discussion
    • Experimental procedures and results
    - Sub-point: Additional details and explanations
    - Example: Practical application scenario
    - Note: Important consideration
                          Formula: [Mathematical expression or equation]
Quiz 3: Case studies and real-world applications
Key Concept: Historical development and evolution
   • Theoretical framework and methodology
   - Sub-point: Additional details and explanations
   - Example: Practical application scenario
   - Note: Important consideration
                         Formula: [Mathematical expression or equation]
Example 21: Study tips and learning strategies
    • Critical analysis and evaluation
    - Sub-point: Additional details and explanations
    - Example: Practical application scenario
    - Note: Important consideration
Remember: Comparative analysis and synthesis
   • Assessment criteria and rubrics
   - Sub-point: Additional details and explanations
   - Example: Practical application scenario
   - Note: Important consideration
                         Formula: [Mathematical expression or equation]
Example 23: Study tips and learning strategies
    • Problem-solving strategies and techniques
    - Sub-point: Additional details and explanations
    - Example: Practical application scenario
    - Note: Important consideration
                          Formula: [Mathematical expression or equation]
Important: Ethical considerations and implications
    • Study tips and learning strategies
    - Sub-point: Additional details and explanations
    - Example: Practical application scenario
    - Note: Important consideration
                                   [Figure 25: Diagram/Chart/Graph]
Example 25: Practical applications and examples
   • Experimental procedures and results
   - Sub-point: Additional details and explanations
   - Example: Practical application scenario
   - Note: Important consideration
Definition: Learning outcomes and objectives
    • Assessment criteria and rubrics
    - Sub-point: Additional details and explanations
    - Example: Practical application scenario
Key Concept: Fundamental concepts and principles
   • Critical analysis and evaluation
   - Sub-point: Additional details and explanations
   - Example: Practical application scenario
Remember: Historical development and evolution
   • Statistical analysis and interpretation
   - Sub-point: Additional details and explanations
   - Example: Practical application scenario
                          Formula: [Mathematical expression or equation]
                                   [Figure 29: Diagram/Chart/Graph]
Important: Critical analysis and evaluation
    • Fundamental concepts and principles
    - Sub-point: Additional details and explanations
    - Example: Practical application scenario
                                   [Figure 30: Diagram/Chart/Graph]
Exercise 4: Comparative analysis and synthesis
Key Concept: Case studies and real-world applications
   • Key terms and definitions
   - Sub-point: Additional details and explanations
   - Example: Practical application scenario
   - Note: Important consideration
Practice Problem 31: Best practices and recommendations
   • Current trends and future directions
   - Sub-point: Additional details and explanations
   - Example: Practical application scenario
   - Note: Important consideration
                                  [Figure 32: Diagram/Chart/Graph]
Practice Problem 32: Fundamental concepts and principles
   • Current trends and future directions
   - Sub-point: Additional details and explanations
   - Example: Practical application scenario
   - Note: Important consideration
Practice Problem 33: Comparative analysis and synthesis
   • Theoretical framework and methodology
   - Sub-point: Additional details and explanations
   - Example: Practical application scenario
   - Note: Important consideration
Example 34: Study tips and learning strategies
    • Study tips and learning strategies
    - Sub-point: Additional details and explanations
    - Example: Practical application scenario
    - Note: Important consideration
                                   [Figure 35: Diagram/Chart/Graph]
Important: Current trends and future directions
    • Fundamental concepts and principles
    - Sub-point: Additional details and explanations
    - Example: Practical application scenario
                          Formula: [Mathematical expression or equation]
Practice Problem 36: Interdisciplinary approaches
    • Historical development and evolution
    - Sub-point: Additional details and explanations
    - Example: Practical application scenario
                          Formula: [Mathematical expression or equation]
Remember: Historical development and evolution
   • Practical applications and examples
   - Sub-point: Additional details and explanations
   - Example: Practical application scenario
   - Note: Important consideration
                                  [Figure 38: Diagram/Chart/Graph]
Remember: Ethical considerations and implications
   • Historical development and evolution
   - Sub-point: Additional details and explanations
   - Example: Practical application scenario
   - Note: Important consideration
                         Formula: [Mathematical expression or equation]
Remember: Interdisciplinary approaches
   • Problem-solving strategies and techniques
   - Sub-point: Additional details and explanations
   - Example: Practical application scenario
   - Note: Important consideration
Quiz 5: Practical applications and examples
Remember: Critical analysis and evaluation
   • Learning outcomes and objectives
   - Sub-point: Additional details and explanations
   - Example: Practical application scenario
   - Note: Important consideration
Note: Literature review and discussion
    • Research findings and conclusions
    - Sub-point: Additional details and explanations
    - Example: Practical application scenario
Remember: Fundamental concepts and principles
   • Comparative analysis and synthesis
   - Sub-point: Additional details and explanations
   - Example: Practical application scenario
   - Note: Important consideration
                         Formula: [Mathematical expression or equation]
Key Concept: Critical analysis and evaluation
    • Critical analysis and evaluation
    - Sub-point: Additional details and explanations
    - Example: Practical application scenario
    - Note: Important consideration
Note: Literature review and discussion
    • Critical analysis and evaluation
    - Sub-point: Additional details and explanations
    - Example: Practical application scenario
    - Note: Important consideration
                                   [Figure 45: Diagram/Chart/Graph]
Definition: Study tips and learning strategies
    • Critical analysis and evaluation
    - Sub-point: Additional details and explanations
    - Example: Practical application scenario
    - Note: Important consideration
                                   [Figure 46: Diagram/Chart/Graph]
Key Concept: Interdisciplinary approaches
   • Experimental procedures and results
   - Sub-point: Additional details and explanations
   - Example: Practical application scenario
   - Note: Important consideration
                                  [Figure 47: Diagram/Chart/Graph]
Key Concept: Research findings and conclusions
   • Study tips and learning strategies
   - Sub-point: Additional details and explanations
   - Example: Practical application scenario
   - Note: Important consideration
                                  [Figure 48: Diagram/Chart/Graph]
Remember: Study tips and learning strategies
   • Assessment criteria and rubrics
   - Sub-point: Additional details and explanations
   - Example: Practical application scenario
   - Note: Important consideration
                         Formula: [Mathematical expression or equation]
Note: Comparative analysis and synthesis
   • Key terms and definitions
   - Sub-point: Additional details and explanations
   - Example: Practical application scenario
Summary 6: Theoretical framework and methodology
Remember: Assessment criteria and rubrics
   • Best practices and recommendations
   - Sub-point: Additional details and explanations
   - Example: Practical application scenario
   - Note: Important consideration
Practice Problem 51: Fundamental concepts and principles
   • Key terms and definitions
   - Sub-point: Additional details and explanations
   - Example: Practical application scenario
Practice Problem 52: Fundamental concepts and principles
   • Problem-solving strategies and techniques
   - Sub-point: Additional details and explanations
   - Example: Practical application scenario
Key Concept: Critical analysis and evaluation
    • Interdisciplinary approaches
    - Sub-point: Additional details and explanations
    - Example: Practical application scenario
    - Note: Important consideration
                          Formula: [Mathematical expression or equation]
Important: Learning outcomes and objectives
   • Assessment criteria and rubrics
   - Sub-point: Additional details and explanations
   - Example: Practical application scenario
Practice Problem 55: Critical analysis and evaluation
    • Assessment criteria and rubrics
    - Sub-point: Additional details and explanations
    - Example: Practical application scenario
    - Note: Important consideration
Definition: Study tips and learning strategies
    • Experimental procedures and results
    - Sub-point: Additional details and explanations
    - Example: Practical application scenario
    - Note: Important consideration
                          Formula: [Mathematical expression or equation]
Example 57: Literature review and discussion
   • Research findings and conclusions
   - Sub-point: Additional details and explanations
   - Example: Practical application scenario
   - Note: Important consideration
Remember: Critical analysis and evaluation
   • Fundamental concepts and principles
   - Sub-point: Additional details and explanations
   - Example: Practical application scenario
   - Note: Important consideration
                         Formula: [Mathematical expression or equation]
Remember: Practical applications and examples
   • Ethical considerations and implications
   - Sub-point: Additional details and explanations
   - Example: Practical application scenario
   - Note: Important consideration
                         Formula: [Mathematical expression or equation]
Test 7: Comparative analysis and synthesis
Example 60: Problem-solving strategies and techniques
   • Current trends and future directions
   - Sub-point: Additional details and explanations
   - Example: Practical application scenario
   - Note: Important consideration
                                  [Figure 61: Diagram/Chart/Graph]
Key Concept: Critical analysis and evaluation
    • Problem-solving strategies and techniques
    - Sub-point: Additional details and explanations
    - Example: Practical application scenario
    - Note: Important consideration
                                   [Figure 62: Diagram/Chart/Graph]
Important: Comparative analysis and synthesis
   • Critical analysis and evaluation
   - Sub-point: Additional details and explanations
   - Example: Practical application scenario
   - Note: Important consideration
Key Concept: Comparative analysis and synthesis
   • Critical analysis and evaluation
   - Sub-point: Additional details and explanations
   - Example: Practical application scenario
   - Note: Important consideration
                         Formula: [Mathematical expression or equation]
                                  [Figure 64: Diagram/Chart/Graph]
Note: Statistical analysis and interpretation
    • Study tips and learning strategies
    - Sub-point: Additional details and explanations
    - Example: Practical application scenario
    - Note: Important consideration
Important: Best practices and recommendations
   • Research findings and conclusions
   - Sub-point: Additional details and explanations
   - Example: Practical application scenario
   - Note: Important consideration
Important: Case studies and real-world applications
    • Key terms and definitions
    - Sub-point: Additional details and explanations
    - Example: Practical application scenario
Remember: Current trends and future directions
   • Current trends and future directions
   - Sub-point: Additional details and explanations
   - Example: Practical application scenario
   - Note: Important consideration
Example 68: Key terms and definitions
   • Study tips and learning strategies
   - Sub-point: Additional details and explanations
   - Example: Practical application scenario
   - Note: Important consideration
Important: Literature review and discussion
    • Historical development and evolution
    - Sub-point: Additional details and explanations
    - Example: Practical application scenario
                                   [Figure 70: Diagram/Chart/Graph]
Module 8: Learning outcomes and objectives
Key Concept: Ethical considerations and implications
    • Case studies and real-world applications
    - Sub-point: Additional details and explanations
    - Example: Practical application scenario
    - Note: Important consideration
Practice Problem 71: Critical analysis and evaluation
    • Assessment criteria and rubrics
    - Sub-point: Additional details and explanations
    - Example: Practical application scenario
    - Note: Important consideration
                          Formula: [Mathematical expression or equation]
Note: Interdisciplinary approaches
    • Best practices and recommendations
    - Sub-point: Additional details and explanations
    - Example: Practical application scenario
    - Note: Important consideration
Example 73: Theoretical framework and methodology
   • Research findings and conclusions
   - Sub-point: Additional details and explanations
   - Example: Practical application scenario
   - Note: Important consideration
Important: Comparative analysis and synthesis
   • Learning outcomes and objectives
   - Sub-point: Additional details and explanations
   - Example: Practical application scenario
   - Note: Important consideration
                         Formula: [Mathematical expression or equation]
Definition: Current trends and future directions
    • Research findings and conclusions
    - Sub-point: Additional details and explanations
    - Example: Practical application scenario
                          Formula: [Mathematical expression or equation]
Example 76: Assessment criteria and rubrics
   • Assessment criteria and rubrics
   - Sub-point: Additional details and explanations
   - Example: Practical application scenario
   - Note: Important consideration
                                  [Figure 77: Diagram/Chart/Graph]
Key Concept: Interdisciplinary approaches
   • Practical applications and examples
   - Sub-point: Additional details and explanations
   - Example: Practical application scenario
   - Note: Important consideration
                         Formula: [Mathematical expression or equation]
Important: Theoretical framework and methodology
   • Practical applications and examples
   - Sub-point: Additional details and explanations
   - Example: Practical application scenario
   - Note: Important consideration
                         Formula: [Mathematical expression or equation]
Note: Research findings and conclusions
   • Research findings and conclusions
   - Sub-point: Additional details and explanations
   - Example: Practical application scenario
   - Note: Important consideration
Conclusion 9: Fundamental concepts and principles
Definition: Critical analysis and evaluation
    • Study tips and learning strategies
    - Sub-point: Additional details and explanations
    - Example: Practical application scenario
    - Note: Important consideration
                                   [Figure 81: Diagram/Chart/Graph]
Key Concept: Best practices and recommendations
   • Practical applications and examples
   - Sub-point: Additional details and explanations
   - Example: Practical application scenario
   - Note: Important consideration
Important: Fundamental concepts and principles
   • Learning outcomes and objectives
   - Sub-point: Additional details and explanations
   - Example: Practical application scenario
Important: Learning outcomes and objectives
   • Research findings and conclusions
   - Sub-point: Additional details and explanations
   - Example: Practical application scenario
   - Note: Important consideration
                         Formula: [Mathematical expression or equation]
Key Concept: Literature review and discussion
   • Learning outcomes and objectives
   - Sub-point: Additional details and explanations
   - Example: Practical application scenario
   - Note: Important consideration
Note: Key terms and definitions
    • Historical development and evolution
    - Sub-point: Additional details and explanations
    - Example: Practical application scenario
    - Note: Important consideration
Example 86: Theoretical framework and methodology
   • Ethical considerations and implications
   - Sub-point: Additional details and explanations
   - Example: Practical application scenario
   - Note: Important consideration
                         Formula: [Mathematical expression or equation]
Practice Problem 87: Fundamental concepts and principles
   • Critical analysis and evaluation
   - Sub-point: Additional details and explanations
   - Example: Practical application scenario
Example 88: Best practices and recommendations
   • Problem-solving strategies and techniques
   - Sub-point: Additional details and explanations
   - Example: Practical application scenario
   - Note: Important consideration
                         Formula: [Mathematical expression or equation]
                                  [Figure 89: Diagram/Chart/Graph]
Definition: Fundamental concepts and principles
    • Learning outcomes and objectives
    - Sub-point: Additional details and explanations
    - Example: Practical application scenario
    - Note: Important consideration
References 10: Key terms and definitions
Practice Problem 90: Key terms and definitions
    • Critical analysis and evaluation
    - Sub-point: Additional details and explanations
    - Example: Practical application scenario
    - Note: Important consideration
                          Formula: [Mathematical expression or equation]
Key Concept: Case studies and real-world applications
   • Critical analysis and evaluation
   - Sub-point: Additional details and explanations
   - Example: Practical application scenario
Note: Problem-solving strategies and techniques
   • Experimental procedures and results
   - Sub-point: Additional details and explanations
   - Example: Practical application scenario
   - Note: Important consideration
                                  [Figure 93: Diagram/Chart/Graph]
Example 93: Fundamental concepts and principles
   • Experimental procedures and results
   - Sub-point: Additional details and explanations
   - Example: Practical application scenario
   - Note: Important consideration
                                  [Figure 94: Diagram/Chart/Graph]
Key Concept: Assessment criteria and rubrics
   • Theoretical framework and methodology
   - Sub-point: Additional details and explanations
   - Example: Practical application scenario
   - Note: Important consideration
                         Formula: [Mathematical expression or equation]
                                  [Figure 95: Diagram/Chart/Graph]
Key Concept: Case studies and real-world applications
   • Experimental procedures and results
   - Sub-point: Additional details and explanations
   - Example: Practical application scenario
   - Note: Important consideration
Remember: Assessment criteria and rubrics
   • Research findings and conclusions
   - Sub-point: Additional details and explanations
   - Example: Practical application scenario
   - Note: Important consideration
Note: Problem-solving strategies and techniques
   • Comparative analysis and synthesis
   - Sub-point: Additional details and explanations
   - Example: Practical application scenario
   - Note: Important consideration
                                  [Figure 98: Diagram/Chart/Graph]
Remember: Key terms and definitions
   • Assessment criteria and rubrics
   - Sub-point: Additional details and explanations
   - Example: Practical application scenario
   - Note: Important consideration
Remember: Statistical analysis and interpretation
    • Fundamental concepts and principles
    - Sub-point: Additional details and explanations
    - Example: Practical application scenario
    - Note: Important consideration
                          Formula: [Mathematical expression or equation]
References 11: Case studies and real-world applications
Example 100: Statistical analysis and interpretation
    • Practical applications and examples
    - Sub-point: Additional details and explanations
    - Example: Practical application scenario
Important: Historical development and evolution
    • Assessment criteria and rubrics
    - Sub-point: Additional details and explanations
    - Example: Practical application scenario
    - Note: Important consideration
                          Formula: [Mathematical expression or equation]
Note: Critical analysis and evaluation
    • Interdisciplinary approaches
    - Sub-point: Additional details and explanations
    - Example: Practical application scenario
    - Note: Important consideration
                          Formula: [Mathematical expression or equation]
                                     [Figure 103: Diagram/Chart/Graph]
Remember: Best practices and recommendations
   • Case studies and real-world applications
   - Sub-point: Additional details and explanations
   - Example: Practical application scenario
   - Note: Important consideration
Practice Problem 104: Study tips and learning strategies
    • Historical development and evolution
    - Sub-point: Additional details and explanations
    - Example: Practical application scenario
    - Note: Important consideration
Important: Research findings and conclusions
   • Assessment criteria and rubrics
   - Sub-point: Additional details and explanations
   - Example: Practical application scenario
   - Note: Important consideration
                         Formula: [Mathematical expression or equation]
                                 [Figure 106: Diagram/Chart/Graph]
Note: Statistical analysis and interpretation
    • Key terms and definitions
    - Sub-point: Additional details and explanations
    - Example: Practical application scenario
    - Note: Important consideration
Note: Literature review and discussion
    • Practical applications and examples
    - Sub-point: Additional details and explanations
    - Example: Practical application scenario
Practice Problem 108: Statistical analysis and interpretation
    • Critical analysis and evaluation
    - Sub-point: Additional details and explanations
    - Example: Practical application scenario
    - Note: Important consideration
Key Concept: Research findings and conclusions
   • Learning outcomes and objectives
   - Sub-point: Additional details and explanations
   - Example: Practical application scenario
   - Note: Important consideration
Exercise 12: Best practices and recommendations
Note: Ethical considerations and implications
    • Historical development and evolution
    - Sub-point: Additional details and explanations
    - Example: Practical application scenario
    - Note: Important consideration
                          Formula: [Mathematical expression or equation]
Key Concept: Critical analysis and evaluation
    • Practical applications and examples
    - Sub-point: Additional details and explanations
    - Example: Practical application scenario
    - Note: Important consideration
                          Formula: [Mathematical expression or equation]
Practice Problem 112: Interdisciplinary approaches
    • Ethical considerations and implications
    - Sub-point: Additional details and explanations
    - Example: Practical application scenario
    - Note: Important consideration
Example 113: Fundamental concepts and principles
   • Study tips and learning strategies
   - Sub-point: Additional details and explanations
   - Example: Practical application scenario
   - Note: Important consideration
                         Formula: [Mathematical expression or equation]
Important: Interdisciplinary approaches
    • Comparative analysis and synthesis
    - Sub-point: Additional details and explanations
    - Example: Practical application scenario
    - Note: Important consideration
Note: Statistical analysis and interpretation
    • Problem-solving strategies and techniques
    - Sub-point: Additional details and explanations
    - Example: Practical application scenario
    - Note: Important consideration
                                  [Figure 116: Diagram/Chart/Graph]
Practice Problem 116: Historical development and evolution
   • Interdisciplinary approaches
   - Sub-point: Additional details and explanations
   - Example: Practical application scenario
   - Note: Important consideration
Practice Problem 117: Best practices and recommendations
   • Theoretical framework and methodology
   - Sub-point: Additional details and explanations
   - Example: Practical application scenario
   - Note: Important consideration
                         Formula: [Mathematical expression or equation]
Important: Learning outcomes and objectives
   • Interdisciplinary approaches
   - Sub-point: Additional details and explanations
   - Example: Practical application scenario
Note: Literature review and discussion
    • Best practices and recommendations
    - Sub-point: Additional details and explanations
    - Example: Practical application scenario
                          Formula: [Mathematical expression or equation]
Conclusion 13: Theoretical framework and methodology
Definition: Statistical analysis and interpretation
    • Theoretical framework and methodology
    - Sub-point: Additional details and explanations
    - Example: Practical application scenario
                          Formula: [Mathematical expression or equation]
Key Concept: Problem-solving strategies and techniques
   • Practical applications and examples
   - Sub-point: Additional details and explanations
   - Example: Practical application scenario
   - Note: Important consideration
                         Formula: [Mathematical expression or equation]
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