Administrative Law and Process, Third Edition, 2014
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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.
A Teacher's Manual is available to professors.
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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
Table of Cases