Administrative Law and Process

As with the previous editions, this is a comprehensive administrative law casebook.
eBook :epub
ISBN: 9781531014179
International Order Inquiry
Book Edition: 2020-11

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As with the previous editions, this is a comprehensive administrative law casebook. It has been updated with the latest cases pertaining to the core areas of administrative law that are likely to be taught in various courses today, including:

1. Due Process (Chapter 2) and Judicial Review (Chapter 8), especially recent developments involving Chevron v. NRDC, its application to tax rulings (Mayo Foundation); agency interpretations of their own regulations (Auer deference); agency interpretations of their own procedural obligations (Dominion Energy); agency interpretations of the extent of their own jurisdictional powers (City of Arlington); and the stare decisis effects of previous agency and judicial interpretations (Brand X and its progeny).
2. Executive Power (Chapter 7), including the various appointment issues at stake in the Free Enterprise case, the constitutionality of double removal for cause provisions, the limits of the unitary executive theory; the use of executive czars and the impact of OMB and OIRA reviews on substance and procedure.
3. The intersection of international issues and administrative law, including the delegation of federal power to international bodies (Chapter 6) and the application of new rules involving climate change issues (Chapter 5) in an arguably retroactive manner.
4. Outsourcing, privatization of prisons, welfare administration and the delegation of public power to private entities (Chapter 6).
5. Recent Supreme Court ruling involving Exemption 2 to the FOIA (Chapter 10).
6. A comprehensive teacher’s manual is provided.

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Table of contents

Chapter 1. The Relationship of the Individual to the State

Part One. Within Agency Walls

Chapter 2. Due Process and Administrative Adjudication

Chapter 3. Formal Adjudication and the Administrative Procedure Act

Chapter 4. Informal Agency Action and Alternative Dispute Resolution Techniques

Chapter 5. Agency Rulemaking

Part Two. Legislative, Executive, and Judicial Control of Agency Discretion: Outside the Walls of the Agency

Chapter 6. Legislative Control of Agency Discretion

Chapter 7. Executive Control of Agency Discretion

Chapter 8. Judicial Control of Agency Discretion

Chapter 9. The Availability and Timing of Agency Review

Chapter 10. Open Government

Appendix A

Appendix B

Appendix C

Table of Cases