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Administrative Law in Practice: Principles and Advocacy is a practice-oriented guide for lawyers and other legal professionals. Authors Lorne Sossin and Emily Lawrence combine a thorough review of case law, historical development, and policy rationales with practical guidance for successfully advocating in a variety of administrative law forums. This blended approach ensures readers have a comprehensive understanding of important topics like constitutional considerations, procedural fairness, discretionary powers, standards of review, and public and private law remedies against governmental action. Whether you are newly called, new to this area of practice, or looking for a go-to resource to incorporate into your work, this text will deepen and enrich your knowledge of administrative law.
Administrative Law: Principles and Advocacy,Fourth Edition teaches students the fundamental principles of administrative law. Through simple language and practical examples, students will understand key legal issues and learn how to successfully argue cases before administrative tribunals. The fourth edition is divided into three parts: Principles and Theory, Advocacy, and Challenging Administrative Decision-Making and Enforcing Orders. Part I introduces students to fundamental administrative law principles, such as the right to be heard and the duty to give reasons, with an emphasis on procedural fairness. Part II examines effective advocacy and outlines procedures at every stage of the hearing process, including presenting evidence at a hearing and conduct outside of the hearing. Part III addresses issues that may arise after proceedings and steps that must then be taken. Authors Liz Nastasi and Deborah Pressman have provided important legislative and pedagogical updates to the fourth edition. These cover major developments such as the rise of active adjudication, new dispute resolution processes that encourage mediation, and online processes.
A new framework for understanding contemporary administrative law, through a comparative analysis of case law from Australia, Canada, England, Ireland, and New Zealand. The author argues that the field is structured by four values: individual self-realisation, good administration, electoral legitimacy and decisional autonomy.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Administrative Law: The Sources and Limits of Government Agency Power explains the sources of administrative agency authority in the United States, how agencies make rules, the rights of clients and citizens in agency hearings, and agency interaction with other branches of government. This concise text examines the everyday challenges of administrative responsibilities and provides students with a way to understand and manage the complicated mission that is governance. Written by leading scholar Daniel Feldman, the book avoids technical legal language, but at the same time provides solid coverage of legal principles and exemplar studies, which allows students to gain a clear understanding of a complicated and critical aspect of governance.
From two legal luminaries, a highly original framework for restoring confidence in a government bureaucracy increasingly derided as “the deep state.” Is the modern administrative state illegitimate? Unconstitutional? Unaccountable? Dangerous? Intolerable? American public law has long been riven by a persistent, serious conflict, a kind of low-grade cold war, over these questions. Cass Sunstein and Adrian Vermeule argue that the administrative state can be redeemed, as long as public officials are constrained by what they call the morality of administrative law. Law and Leviathan elaborates a number of principles that underlie this moral regime. Officials who respect that morality never fail to make rules in the first place. They ensure transparency, so that people are made aware of the rules with which they must comply. They never abuse retroactivity, so that people can rely on current rules, which are not under constant threat of change. They make rules that are understandable and avoid issuing rules that contradict each other. These principles may seem simple, but they have a great deal of power. Already, without explicit enunciation, they limit the activities of administrative agencies every day. But we can aspire for better. In more robust form, these principles could address many of the concerns that have critics of the administrative state mourning what they see as the demise of the rule of law. The bureaucratic Leviathan may be an inescapable reality of complex modern democracies, but Sunstein and Vermeule show how we can at last make peace between those who accept its necessity and those who yearn for its downfall.