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The Eighth Edition of this course book preserves the essential organization familiar to its many users, while eliminating material rarely taught in courses on Administrative Law. The volume thus affords a clear treatment of classic doctrine along with new material on cutting-edge issues such as the due process implications of algorithmic decisionmaking and the implications of digital privacy for the reach of agency subpoena power. Following an introduction to the history, institutional context, and theory of administrative law, students are exposed to four main topics: the political control of administration by Congress and the executive branch; agency processes for adjudication and rulemaking; government access to and required disclosure of information; and judicial remedies for official illegality. Doctrinal analysis is enriched by case studies of the law in action in particular contexts.


Imprint: West Academic Publishing
Series: American Casebook Series
Publication Date: 10/28/2019

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 Virginia School of Law

Mariano-Florentino Cuéllar, Stanford Law School

Nicholas R. Parrillo, Yale University Law School

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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).

Learn more about this series.