ADM LAW history

In 1907, the first Oklahoma Legislature formed Oklahoma’s first state agency, the Oklahoma Corporation Commission (OCC).26 The OCC regulated telephone and telegraph companies, and railroad rates and routes.

The Progressives, moreover, understood what they were doing. For example, in 1927, a leading Progressive theorist openly said that the question of whether an American administrative officer could issue regulations was similar to the question of whether pre-modern English kings could issue binding proclamations.

Benson (1932) the Court concluded that if Congress established fair administrative procedures, the agency could hear and determine cases that might otherwise have been heard by the courts—with the saving proviso that the federal courts might review the agency's determination of questions of law.

Although since 1935 no delegation has been held unconstitutional by the United States Supreme Court, the mere existence of judicial control has served to restrain delegations so broad as to constitute abdications of the legislative function.

In 1939, President Franklin D. Roosevelt requested that the United States attorney general form a committee to investigate whether procedural reform in administrative law was needed.28 The committee included distinguished judges, practicing lawyers and professors.

In Japan, the administrative-law system was first set up on the civil-law pattern (modeled upon the German system); but since 1945, the structure has been remodeled and patterned on that of the United States.

The doctrine was rejected in the Federal Republic of Germany (1949–90), however, and efforts were made to reduce the area in which the executive was free to act outside administrative law.

Schwartz, Bernard 1950 American Administrative Law.

Schwartz, Bernard 1954 French Administrative Law and the Common-law World.

Davis, Kenneth C. 1958 Administrative Law Treatise.

Wade, Henry W. R. 1961 Administrative Law.

Jaffe, Louis 1965 Judicial Control of Administrative Action.

First published in 1972, Imprimis is one of the most widely circulated opinion publications in the nation with over six million subscribers.

Kenneth Culp Davis, Administrative Law and Government 6 (1975). 3.

Davis, Kenneth C. 1978 Administrative Law Treatise.

In 1987, Oklahoma adopted its own version of the state APA.45

Peter H. Schuck, Foundations of Administrative Law 5 (Foundation Press 1994). 2.

The 2010 version was necessary to track changes in law at the state level over the past 28 years by legislatures who amended adjudication and rulemaking procedures and due to the internet.

Stein, Mitchell, & Mezines, Administrative Law, 1-29 - 1-52 (LexisNexis 2013). 6.

The following is adapted from a speech delivered on May 6, 2014, at Hillsdale College’s Allan P. Kirby, Jr.