1a. Give an example of a challenge to the procedure employed by an adminstrative agency. Also give an example of a challenge to the substantive (or factual) conclusion reached by an administrative agency in a rulemaking. (short paragraph answer)
1b.Explain why challenges to the procedure that an administrative agency employed are often more successful than is a direct challenge to the substantive conclusions reached by the administrative agency. (one paragraph answer)
1c. In terms of a scientist's terminology, the procedure employed by an administrative agency is a _________ of the substantive conclusion reached. (Fill in the blank.)
Answer: model
1d. The procedure employed by an administrative agency is analogous to _________________ (Fill in the blank with one of the 5 features of good research design.)
Answer: protocol
1e. Why is it that a successful challenge to the procedure employed by an administative agency oftentimes results in a substantive on-the-ground change? That is, why is it that procedure is often a good model of substance? (one paragraph answer)
Some points to cover in the answer: (1) Substantive conclusions of administrative agencies arise from the procedures that they follow. If the litigation can "fix" the procedure, then the substantive conclusions arising from the procedure should also be fixed. (2) In most all circumstances the delay and inherent in litigation will benefit one side and harm the other. (provide an example of each). The delay and monetary cost inherent in a procedural challenge can thus force a substantive on-the-ground, because these delays will harm some parties much more than others. (again, provide an example)