Administrative Law: Cases and Materials

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2nd Edition
ISBN: 9780327176138
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With this new edition, Administrative Law, Cases and Materials, continues to present thecomplex substance of administrative law in a format that is both intellectually satisfying andeasily understandable. Prior to publication the book was used at the University of Minnesotawhere the students found administrative law to be both an exciting and rewarding endeavor.

In addition to carefully examining current law, students will become familiar with the relevanthistorical perspectives so necessary to appreciate the dynamics of today�s law. They will becomefamiliar with the so-called progressive movement and its regulatory offspring, the independentagency, with the New Deal regulatory agenda, with the post-World War II consensus embodyingthe Administrative Procedure Act, with the problem of capture, with aggressive modes ofjudicial review in response, with the problem ossification of rule-making, and with an array ofjudicial reinterpretations of settled precedents. This focus on doctrinal coherence and historicalbackground provides a rich intellectual experience.

This new Second Edition also:

• Includes new cases through 2010 Term of the Supreme Court, including Free EnterpriseFund v. Public Company Accounting Oversight Board, the latest separation-of-powersdecision by the U.S. Supreme Court, and last year’s FCC v. Fox Telev. Stations, Inc.,gloss on hard-look judicial review.

• Focuses upon the relationships among various administrative law doctrines, such as therelation between the substantial-evidence and arbitrary-and-capricious review standardsand the relations between those review standards and the Chevron/Skidmore deferencestandards and;

• Examines split-enforcement agencies such as OSHA establishes as well as analogousstructures in the benefit agencies in addition to omnipresent unitary regulatory agency.

This book also is available in a heavily discounted, three-hole punched, alternative loose-leaf version printed on 8 ½ x 11 inch paper with wider margins and with the same pagination as the hardbound book.

Table of Contents

Table of Contents

Chapter 1 ADMINISTRATIVE REGULATION: AN
INTRODUCTION

Chapter 2 JUDICIAL REVIEW OF AGENCY ACTION: AN INITIAL
LOOK

Chapter 3 CONSTITUTIONAL RIGHTS TO HEARINGS UNDER THE
DUE PROCESS CLAUSES OF THE FIFTH AND
FOURTEENTH AMENDMENTS

Chapter 4 THE BACKGROUND AND GENESIS OF THE
ADMINISTRATIVE PROCEDURE ACT

Chapter 5 AN ALTERNATIVE MODEL OF ADMINISTRATION:
INDEPENDENT ADJUDICATION

Chapter 6 THE CHOICE OF ACTION BY RULE OR BY AD HOC
ADJUDICATION OR OTHER MEANS

Chapter 7 JUDICIAL REVIEW OF AGENCY RULES AND
RULEMAKING: AN INTRODUCTION

Chapter 8 THE “HARD LOOK” DOCTRINE AND JUDICIAL REVIEW
OF AGENCY REASONING

Chapter 9 THE ADMINISTRATIVE RECORD AND RELATED
MATTERS

Chapter 10 PROCEDURAL PROBLEMS INCIDENT TO JUDICIAL
REVIEW

Chapter 11 CONSTITUTIONAL DIMENSIONS OF ADMINISTRATIVE
REGULATION