Administrative Law, The American Public Law System, Cases and Materials

Jerry L. Mashaw, Yale University Law School

Richard A. Merrill, University of Virginia School of Law

Peter M. Shane, Ohio State University College of Law

M. Elizabeth Magill, University of Pennsylvania Carey Law School

Mariano-Florentino Cuéllar, Stanford Law School

Nicholas R. Parrillo, Yale University Law School

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Table of Contents

Teacher's Manual

The Eighth Edition shortens or deletes textual material from earlier editions that teachers rarely cover in courses on Administrative Law, but introduces substantial new analysis and some new principal cases in key areas. For example, the adjudication chapter uses the Wisconsin Loomis case to explore the due process implications for criminal sentencing of using an automated risk-assessment program to predict recidivism. The rulemaking chapter features Texas v. United States, the Fifth Circuit opinion on the Obama-proposed DAPA program, to explore the line between agency guidance and substantive rulemaking. The chapter on government acquisition and disclosure of information uses Carpenter v. United States to raise the question whether the Supreme Court’s protective treatment of cell phone data implies that more than a showing of reasonableness on the part of the government should now be demanded in order to subpoena records in which an individual has a reasonable expectation of privacy.

The Eighth Edition also clearly reflects the increasing personal importance of presidents in administrative decisionmaking. The “availability of judicial review” chapter, for example, now devotes a section specifically to the reviewability of presidential action. Moreover, the volume helps to put into context the extraordinary number of public law controversies surrounding the administration of Donald J. Trump because of its aggressive deregulatory agenda and frequently unconventional approach to administrative process. These include headline-making disputes over presidential appointments, immigration, regulatory oversight, the status and treatment of adjudicatory personnel, and public participation (or the lack of it) in rulemaking. The Eighth Edition endeavors to highlight the most important of these controversies, while not losing focus on the so-far more enduring or at least less ephemeral features of our public law system.

Extensive textual notes also discuss the Supreme Court’s important 2019 decisions on the nondelegation doctrine (Gundy v. United States), the requirement of good-faith contemporary reasoning (Department of Commerce v. New York), and judicial review of agency interpretations of their own regulations (Kisor v. Wilkie).

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