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B-1
ALTERNATE CASE PROBLEM ANSWERS
CHAPTER 43
ADMINISTRATIVE AGENCIES
43-1A. Arbitrary and capricious test
43-2A. Agency investigation
The federal district court voided the subpoena, and the FHLBB appealed. The U.S. Court of
Appeals for the Fifth Circuit reversed the district court’s decision and directed the court to
B-2 APPENDIX B: ALTERNATE CASE PROBLEM ANSWERS—CHAPTER 43
43-3A. Arbitrary and capricious test
A federal district court denied the request that the corps be enjoined from completing the
project. On appeal, the appellate court reversed the decision to deny the injunction, and
43-4A. Rulemaking
The U.S. Court of Appeals for the District of Columbia Circuit held that the Administrative
Procedure Act (APA) required the Occupational Safety and Health Administration (OSHA) to
43-5A. Executive controls
Even though U.S. marshals are assigned to the federal courts, they are still members of the
43-6A. Judicial review
The U.S. Court of Appeals for the District of Columbia Circuit concluded that the FCC’s decision
was not arbitrary or capricious. “On its face, Sprint’s tariff establishes a general obligation to
43–7A. Arbitrary and capricious test
The U.S. Court of Federal Claims held that “the USDA acted arbitrarily and capriciously by
43–8A. Investigation
The U.S. Constitution’s Fourth Amendment protects against unreasonable searches. The
agents should not be held liable because their “search” was not unreasonable. Riverdale and
43–9A. The Freedom of Information Act
The reporter’s request was legal. The DoD’s response to the request and to Sikorsky’s objection
was not sufficient. The Freedom of Information Act (FOIA) requires the federal government to
B-4 APPENDIX B: ALTERNATE CASE PROBLEM ANSWERS—CHAPTER 43
43-10A. A QUESTION OF ETHICS
1. Here you have to analyze the nature of the tradeoff being made—that is, what rights
are being traded off to obtain other rights? Obviously, the rights of the vessel owners and crew
2. The reasoning applied to question 1 applies here also. There is no perceptible reason
3. Although the presence of a female in the common areas of the vessel may affect the
