Administrative Law and Process in a Nutshell

Ronald M. Levin, Washington University School of Law

Jeffrey S. Lubbers, American University Washington College of Law

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This new edition explains how the Supreme Court has markedly changed the landscape of administrative law in recent years, notably in the following areas:

• Major changes in separation of powers jurisprudence relating to appointment and removal of officers and “independent” agencies, together with continued controversy regarding the non-delegation doctrine and the role and independence of Administrative Law Judges.
• Major changes in judicial review of agency action, including the overruling of the Chevron deference doctrine and clarification of the Auer deference doctrine, the creation of the Major Questions Doctrine, and varying approaches to applying the arbitrary-and-capricious review standard.
• New case law on standing to sue, most often by limiting its scope.
• New cases relaxing standards of exhaustion of administrative remedies in cases alleging structural constitutional violations, and time limits for suits against the government.
• New cases increasing official immunity from damage lawsuits for government officers, and from criminal charges against the President.
• The book also explains new developments in White House review of agency regulations and a few minor amendments to the Administrative Procedure Act.

Learn more about this series.