B-190
ALTERNATE CASE PROBLEM ANSWERS
CHAPTER 44
ADMINISTRATIVE LAW
44-1A. Arbitrary and capricious test
(Chapter 44—Pages 864–866)
Yes. The court agreed that the decision was arbitrary and capricious. The record neither supported the
44–2A. Agency investigation
(Chapter 44—Pages 870–872)
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 enforce the subpoena.
44-3A. Arbitrary and capricious test
(Chapter 44—Pages 864–866)
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 remanded the case to the
44-4A. Rulemaking
(Chapter 44—Pages 866–868)
The U.S. Court of Appeals for the District of Columbia Circuit held that the Administrative Procedure Act
44-5A. Executive controls
(Chapter 44—Pages 863–864)
(1) that the president at the time did not exercise purely executive powers and (2) that Congress has ex-
44-6A. Rulemaking procedures
(Chapter 44—Pages 866–868)
44-7A. Agency investigations
(Chapter 44—Pages 870–872)
The United States Supreme Court held that searches made under the statute fell within the exception to
44-8A. Arbitrary and capricious test
(Chapter 44—Pages 864–866)
The United States Supreme Court held that the rescission of the standard was arbitrary and capricious.
44-9A. Judicial review
(Chapter 44—Page 864)
The U.S. Court of Appeals for the District of Columbia Circuit concluded that the FCC’s decision was not
44-10A. A QUESTION OF ETHICS
1. Here you have to analyze the nature of the tradeoff being made—that is, what rights are be-
ing traded off to obtain other rights? Obviously, the rights of the vessel owners and crew are significant.
B-194 APPENDIX B: ALTERNATE CASE PROBLEM ANSWERS—CHAPTER 44
Costs would have to be incurred to renovate crews’ quarters to accommodate female passengers. The
male crew members would have to modify their habits, given the presence of females on board the ship.
2. The reasoning applied to question 1 applies here also. There is no perceptible reason (at
3. Although the presence of a female in the common areas of the vessel may affect the male