This casebook is designed with an emphasis on accessibility, includes many discussion problems and questions focusing on real-world application, and gives students a solid grounding in the basic principles of administrative law that they might come across in regulatory practice. While it pays due attention to the historical evolution of the doctrine in certain areas, this casebook focuses more heavily on current standards. Administrative law as a subject matter encompasses some very interesting theoretical discussions. Rather than remain strictly theoretical to the point of bordering on encyclopedic, this book tends toward the more practical, while still including enough reference to theory to enable a professor who wants to introduce more theoretical discussion into the classroom to do so.

The new edition includes sufficient material to support an advanced administrative law course taught to students with previous exposure to the regulatory state. The author created additional teaching resources to assist in using the book for such a course.

The casebook is supported by an extensive teacher’s manual, and other helpful supplementary materials.


Imprint: Foundation Press
Series: University Casebook Series
Publication Date: 09/26/2014

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Sample Syllabus (Fall 2014)

Sample Syllabus For Students Who Have Taken Legislation and Regulation (Using 1st Edition)

Chapter 1 Supplementary Materials - Department of Labor Organizational Chart (as of Fall 2014)

Chapter 1 Supplementary Materials - Department of Interior Organizational Chart (as of Fall 2014)

Chapter 1 Supplementary Materials - Handout: Executive Office of the President (as of May 2014)

Chapter 2 Supplementary Materials - Handout: Statutory Provisions for Mistretta v. United States

Chapter 2 Supplementary Materials - REINS Act

Chapter 2 Supplementary Materials - FOIA PowerPoint

Chapter 3 Supplementary Materials - Handout: Formalism versus Functionalism

Chapter 3 Supplementary Materials - OMB and OIRA, Executive Order 12291 PowerPoint

Chapter 4 Supplementary Materials - Handout: Distinguishing Between Rulemaking and Adjudication

Chapter 4 Supplementary Materials - Handout: Formal Adjudication - APA Provision Highlights

Chapter 5 Supplementary Materials - Handout: Statutory Provisions for National Petroleum Refiners v. FTC

Chapter 5 Supplementary Materials - Handout: Choosing Between Rulemaking and Adjudication

Chapter 5 Supplementary Materials - Handout: Statute Authorizing Retroactive Rulemaking

Chapter 5 Supplementary Materials - Connecticut Light & Power Excerpt

Chapter 5 Supplementary Materials - Handout: Good Cause Exception - Sample Preamble Language

Chapter 5 Supplementary Materials - Handout: Procedural Rule Exception Examples

Chapter 5 Supplementary Materials - Handout: Legislative versus Interpretative Rules Doctrine Summary

Chapter 6 Supplementary Materials - Handout: Chevron/Skidmore/Mead Framework

Chapter 6 Supplementary Materials - Garfias-Rodriguez v. Holder Excerpt

Chapter 7 Supplementary Materials - Handout: Express Preclusion Examples

Chapter 7 Supplementary Materials - Handout: Statutory Provision for Block v. Community Nutrition Institute

Chapter 7 Supplementary Materials - Handout: Exhaustion Doctrine Summary

Chapter 7 Supplementary Materials - Handout: Standing Doctrine

Teachers Manual

Schedule of Changes

Chapter 1
  Minor edits only.

Chapter 2
 New materials added on subdelegation and privatization.
  New discussion problem added to legislative veto materials.
 Other minor edits.

Chapter 3
  New text added to recess appointments materials.
  Cuts made to existing cases and new case added to removal power materials.
  Updates made to OMB and OIRA materials, including new article excerpt.
  Updates made to materials on other presidential efforts to influence rulemaking.
  Other minor edits.

Chapter 4
  New text added describing ongoing issues with ALJs in the Social Security disability system.
  New materials added on public versus private adjudicators.
  Case added to materials on judicial review of agency fact finding.
  Other minor edits.

Chapter 5
  New cases added to materials on the good cause exemption
  Note regarding new case added to materials on arbitrary and capricious (“hard look”) review.
  Other minor edits.

Chapter 6
  New materials added on Chevron and substantive canons.
  New text added to discussion of hard look review and Chevron step two.
  Case added to materials on Chevron’s scope and the Mead counter-revolution.
•  Existing Chevron materials reorganized and new materials added for new section on Chevron and stare decisis.
  New materials added on Chevron and jurisdictional questions.
  Materials on agency interpretations of agency regulations replaced with new, updated materials.
  Other minor edits.

Chapter 7
  Note regarding new case added to materials on finality.
  New case added to materials on ripeness.
  Note regarding new case added to materials on constitutional standing.
  Materials on statutory standing and the “zone of interests” replaced with new, updated materials.
  Other minor edits.

Learn more in our author video.