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This book provides an in-depth treatment of the basic principles that govern federal administrative action. The Third Edition retains the prior editions' strong doctrinal orientation, straightforward organization and presentation, historical depth, and emphasis on the detailed connections among the various doctrines that govern the federal administrative state. The organization has been revised to enhance the sense of connection among doctrinal categories: materials on scope of review now immediately follow materials on statutory and regulatory procedures in order to highlight the close relationship between procedural and substantive law. The materials have been updated and sharpened, but the well-received structure and focus of the book have not been substantially altered.
State and Federal Administrative Law, Second Edition, contains thorough, up-to-date coverage of administrative law issues in both federal and state contexts. Although the book can be used for a course that focuses primarily on federal law, its dual coverage allows an instructor to highlight the insights that can emerge from a comparison between federal and state approaches to the same issues. The book exposes students to a broad sample of the federal, state, and local administrative agencies that they will encounter in their professional lives. The book also contains many short, concrete problems that enable instructors to make use of the problem method.
The Blackletter Statement of Federal Administrative Law is published by the Administrative Law section of the American Bar Association.
A concise but thorough resource, the guide provides a time-saving reference for the latest case law, and the most recent legislation affecting rulemaking.
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“Hamburger argues persuasively that America has overlaid its constitutional system with a form of governance that is both alien and dangerous.” —Law and Politics Book Review While the federal government traditionally could constrain liberty only through acts of Congress and the courts, the executive branch has increasingly come to control Americans through its own administrative rules and adjudication, thus raising disturbing questions about the effect of this sort of state power on American government and society. With Is Administrative Law Unlawful?, Philip Hamburger answers this question in the affirmative, offering a revisionist account of administrative law. Rather than accepting it as a novel power necessitated by modern society, he locates its origins in the medieval and early modern English tradition of royal prerogative. Then he traces resistance to administrative law from the Middle Ages to the present. Medieval parliaments periodically tried to confine the Crown to governing through regular law, but the most effective response was the seventeenth-century development of English constitutional law, which concluded that the government could rule only through the law of the land and the courts, not through administrative edicts. Although the US Constitution pursued this conclusion even more vigorously, administrative power reemerged in the Progressive and New Deal Eras. Since then, Hamburger argues, administrative law has returned American government and society to precisely the sort of consolidated or absolute power that the US Constitution—and constitutions in general—were designed to prevent. With a clear yet many-layered argument that draws on history, law, and legal thought, Is Administrative Law Unlawful? reveals administrative law to be not a benign, natural outgrowth of contemporary government but a pernicious—and profoundly unlawful—return to dangerous pre-constitutional absolutism.
A less-expensive grayscale paperback version is available. Search for ISBN 9781680923018. Business Law I Essentials is a brief introductory textbook designed to meet the scope and sequence requirements of courses on Business Law or the Legal Environment of Business. The concepts are presented in a streamlined manner, and cover the key concepts necessary to establish a strong foundation in the subject. The textbook follows a traditional approach to the study of business law. Each chapter contains learning objectives, explanatory narrative and concepts, references for further reading, and end-of-chapter questions. Business Law I Essentials may need to be supplemented with additional content, cases, or related materials, and is offered as a foundational resource that focuses on the baseline concepts, issues, and approaches.
This Fourth Edition will not change its basic structure and orientation, but it will take into account some very substanital changes in the law. The distinctive features have stayed the same through all editions: strong doctrinal orientation, focus on the historical origins and development of current doctrine, and straightforward organization and presentation that does not hide the ball
This casebook emphasizes current doctrine and its historical evolution in exploring the four basic foundations of federal administrative law: separation of powers, statutorily and constitutionally required procedures for agency adjudication and rulemaking, scope of judicial review of agency action, and the availability and timing of judicial review. The book concentrates on federal rather than state administrative law, on the belief that an understanding of federal law can be translated into other settings if so desired. The book maintains the straightforward organization and don't-hide-the-ball presentation that has characterized the book since its inception. The Eighth Edition contains six new principal cases and numerous new notes on topics ranging from executive orders to the appointments clause to the definition of the record in informal proceedings. The book prominently continues, from the prior edition, to expand materials on statutory interpretation to accommodate the increasing inclusion of Administrative Law in the first-year curriculum.