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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.
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.
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After defining the constitutional framework for administration, the casebook discusses related topics such as downsizing government, regulators' thirst for information and the Paperwork Reduction Act, Fourth and Fifth Amendment concerns, Freedom of Information Act, and the future of the administrative state. Author forum available at twen.com. A premium Teacher's Manual is available upon request for professors adopting this casebook.
CasebookPlus Hardbound - New, hardbound print book includes lifetime digital access to an eBook, with the ability to highlight and take notes, and 12-month access to a digital Learning Library that includes self-assessment quizzes tied to this book, leading study aids, an outline starter, and Gilbert Law Dictionary.
This casebook provides a unique combination of clearly structured and lawyerly coverage of the cases with rich historical, theoretical, and philosophical materials that illuminate the development of our constitutional law. The note materials and questions in the casebook make it easy to structure classes and promote lively discussion. And comparative examples from the constitutional law of other nations are provided throughout. The Twentieth Edition is an updated version of this classic casebook, adding new materials on the Supreme Court's most recent decisions on the First Amendment, Equal Protection, Substantive Due Process, Separation of Powers, and Federalism.
The Revised 6th Edition of this popular casebook contains an omitted APA section but is otherwise identical to the 6th Edition. Like previous editions, it focuses on real problems and real administrative practice. Problems serve as the primary pedagogical tool, including problems that do not involve courts. The book raises ethical issues distinctive to government lawyers, requires students to parse statutory and regulatory text in solving problems, and orients the course around administrative law practice rather than theory. While theory is not ignored, the book focuses on reality-based problems that put theory in context. It includes the most recent important Supreme Court and Courts of Appeals cases, including King v. Burwell, with its rejection of Chevron when a case involves interpretive questions of deep "economic and political significance"; Perez v. Mortgage Bankers Ass'n, which overruled the D.C. Circuit's Alaska Hunters line of cases; Lexmark International's attempt to clarify the meaning of prudential standing; Spokeo, Inc. v. Robins, with its rejection of standing absent concrete injury to a person, even when a person's statutory right has been violated; and Corps of Engineers v. Hawkes' elaboration of the test for finality. Notably, the new edition joins the ranks of Interactive Casebooks, a new breed of casebook that features a novel visual display and layout that uses text boxes, and color/border segregated feature sections for hypotheticals, reference to scholarly debates, useful information for students, and provocative questions. A major distinguishing feature of the book is its inclusion of an accompanying electronic version with the extensive hyperlinking to Westlaw versions of legal materials, Black's Law Dictionary definitions, supplementary online resources and more. The 6th Edition utilizes the CasebookPlus(tm) platform, providing students with digital access to faculty-authored self-assessments that are keyed to the text.