Administrative Law and Regulatory Policy 2009-2010: Problems, Text, and Cases

by Breyer, Stephen G.

• ISBN13: 9780735587199
• ISBN10: 0735587191
• Edition: 6th
• Format: Paperback
• Copyright: 2009-08-06
• Publisher: Wolters Kluwer Law and Business

Summary

To ensure that you have the most up-to-date and complete materials for your Administrative Law class, be sure to use Administrative Law and Regulatory Policy: 2009-2010 Supplement . New cases include: Entergy Corp. v. Riverkeeper, Inc. Federal Express Corp. v. Holowecki Federal Communications Commission v. Fox Television Stations, Inc.

Table of Contents

Tables of Cases	p. ix
Introduction	p. 1
The Constitutional Position of the Administrative Agency	p. 3
Note on Amendments to Executive Order 12,866	p. 3
Regulatory Review: Memorandum from the President for Heads of Executive Departments and Agencies	p. 5
Note on a New Executive Order	p. 6
f. The Information Quality Act	p. 7
Note on Presidential Transitions and "Midnight Regulations"	p. 10
Regulatory Review: Memorandum from Rahm Emanuel, Chief of Staff, to Heads of Executive Departments and Agencies	p. 11
The Scope of Judicial Review-Questions of Fact, Law, and Policy	p. 15
Gonzales v. Oregon	p. 15
Long Island Care at Home, Ltd. v. Coke	p. 23
Questions	p. 27
Massachusetts v. EPA	p. 28
Entergy Corp. v. Riverkeeper, Inc.	p. 41
Questions	p. 45
National Cable and Telecommunications Ass'n v. Brand X Internet Services	p. 49
Federal Express Corp. v. Holowecki	p. 58
Questions	p. 62
Federal Communications Commission v. Fox Television Stations, Inc.	p. 63
Questions	p. 74
"Common Law" Requirements: Clarity, Consistency, "Fairness"	p. 77
Procedural Requirements in Agency Decisionmaking: Rulemaking and Adjudication	p. 81
Dominion Energy Bayton Point, LLC v. Johnson	p. 81
Notes and Questions	p. 82
Note on E-Rulemaking	p. 86
Office of Management and Budget, Final Bulletin for Agency Good Guidance Practices	p. 92
Notes and Questions	p. 95
Jones v. Flowers	p. 101
Recent Open Government Initiatives	p. 106
Transparency and Open Government: Memorandum from the President for Heads of Executive Departments and Agencies	p. 106
The Availability and Timing of Judicial Review	p. 109
Notes and Questions	p. 109
Hein v. Freedom from Religion Foundation, Inc.	p. 111
Massachusetts v. EPA	p. 114
American Chemistry Council v. Dep't of Transportation	p. 123
Questions	p. 125
Woodford v. Ngo	p. 125
Selected Provisions from the Federal Administrative Procedure Act	p. 131
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