Administrative Law Cases and Materials [Connected eBook with Study Center]

by Cass, Ronald A.; Diver, Colin S.; Beermann, Jack M.; Mascott, Jennifer L.

• ISBN13: 9798894107608
• ISBN10: 8894107604
• eBook ISBN(s): 9798894107615
• Edition: 10th
• Format: Hardcover w/ Access Code
• Copyright: 2025-09-15
• Publisher: Aspen Publishing
• More Book Details

Summary

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Administrative Law: Cases and Materials is the product of a longstanding collaboration by a distinguished group of authors, each with extensive experience in the teaching, scholarship, and practice of administrative law. The Tenth Edition preserves the book’s distinctive features of functional organization and extensive use of case studies, with no sacrifice in doctrinal comprehensiveness or currency. Much of the book is devoted to presenting essential doctrinal issues in an accessible but in-depth format, combining clarity on key arguments with opportunity for delving deeper into questions about the details of specific arguments. Further, by organizing over half of the book under the generic administrative functions of policymaking, adjudication, enforcement, and licensing, the book illuminates common features of diverse administrative practices and the interconnection of otherwise disparate doctrines. Scattered throughout the book, case studies present leading judicial decisions in their political, legal, institutional, and technical context, thereby providing the reader with a much fuller sense of the reality of administrative practice and the important policy implications of seemingly technical legal doctrines. At the same time, the Tenth Edition captures the headline-grabbing nature of federal administrative practice in today’s politically divided world.

New to the 10th Edition:

• Extensive coverage of the Major Questions Doctrine and its implications for statutory interpretation.
  Complete coverage of the overruling of Chevron deference and the implications of Skidmore deference in its place.
• A new focus on statutory interpretation in the administrative state in light of the demise of Chevron.
• Expanded coverage of presidential policy initiatives including Executive Orders on immigration and Student Loan Debt Forgiveness.
• Updated coverage of the timing of judicial review especially when a party challenges an agency’s structure as unconstitutional.
• Updated coverage of the agency deliberation exception to the Freedom of Information Act.
  A new focus on issues regarding the right to trial by jury in regulatory cases in light of the Court’s Jarkesy decision.

Professors and students will benefit from:

• The “case study” approach illuminates the background policy and organizational context of many leading cases.
• The functional organization of materials in Part Two enables instructors to show how doctrinal issues are shaped by functional context.
• The theoretical material presented at the beginning of the book provides a useful template for probing issues throughout the course.
• The book is designed to be easily adaptable for use as an advanced course and also for use in schools that have a first-year Legislation and Regulation course, especially with its enhanced coverage of recurring issues that arise in agency adjudications.
• The units are organized so that many class sessions can focus on a single leading case, reducing the problem of “factual overload” that characterizes many administrative law courses.
  The case study approach helps students understand the context within which doctrinal issues arise and the way in which those issues affect important matters of public policy.
• The organization of Part Two conveys a deeper understanding of the characteristic functions performed by administrative agencies.

Table of Contents

SUMMARY OF CONTENTS

Contents 
Preface 
Acknowledgments 

PART 1 INSTITUTIONAL FRAMEWORK 
Chapter 1. The Nature and Functions of Administrative Agencies 
Chapter 2. Judicial Review of Administrative Decisions 
Chapter 3. Availability of Judicial Review 

PART 2 ADMINISTRATIVE FUNCTIONS 
Chapter 4. Choice of Policymaking Instruments 
Chapter 5. Rulemaking 
Chapter 6. Adjudication 
Chapter 7. Enforcement and Liability 
Chapter 8. Licensing 

PART 3 INDIRECT CONTROLS 
Chapter 9. Public Access 

APPENDIX 
The Constitution of the United States of America (Selected Provisions) 
The Administrative Procedure Act and Related Provisions
Table of Cases 
Table of Secondary Authorities 
Index