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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Outline

Ten years’ worth of new decisions by the U.S. Supreme Court, including decisions on:

• Separation of powers
• The Appointments Clause
• Recess appointments
• Procedural due process
• The “logical outgrowth test” for rulemaking
• Standing to sue
• Finality and ripeness for review
• Scope of review of an agency’s change in policy
• The scope and application of the “Chevron doctrine”
• The scope and application of the “Auer doctrine”

Developments in:

• Electronic rulemaking
• Presidential and review of rules in the Bush and Obama Administrations
• Congressional review of rules and use of appropriation riders
• Issue exhaustion in rulemaking
• Important lower court decisions on the various exemptions from notice-and-comment rulemaking
• Use of incorporation by reference of private standards in regulation
• The Freedom of Information Act (new amendments)

Learn more about this series.