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Federal Administrative Law
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This casebook emphasizes current doctrine and its historical evolution in exploring the four basic foundations of federal administrative law: separation of powers, statutorily and constitutionally required procedures for agency adjudication and rulemaking, scope of judicial review of agency action, and the availability and timing of judicial review. The book concentrates on federal rather than state administrative law, on the belief that an understanding of federal law can be translated into other settings if so desired. This edition of the book maintains the straightforward organization and don’t-hide-the-ball presentation that has characterized the book since its inception. The Tenth Edition contains three new principal cases, including the 2024
Loper Bright/Relentless case overruling the Chevron doctrine, and numerous new notes and note cases that keep the material current on evolving matters ranging from subdelegation of legislative power to the definition of “property” in the Due Process of Law Clauses. The materials on judicial review of agency legal decisions have been completely reworked to provide a condensed narrative history of the
Chevron doctrine to provide needed background for understanding the changing legal landscape. The book prominently continues, from prior editions, to expand materials on statutory interpretation to accommodate the increasing inclusion of Administrative Law in the first-year curriculum and the course’s frequent role as a principal vehicle for introducing the basics of statutory interpretation at schools with no Administrative Law or Leg/Reg requirement.
Imprint: West Academic Publishing
Series: American Casebook Series
Publication Date: 12/16/2024
Gary Lawson, University of Florida College of Law
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The new Tenth Edition retains the fundamental organization and doctrinal/historical focus that this book has had from its inception, but the new edition is substantially updated and re-edited. There are three new principal cases on jury trials for administrative adjudications, judicial review of agency legal interpretations, and the availability of judicial review for long-standing rules – all of which represent potentially major changes in doctrine. Nine new significant note cases have been added, many of which could easily have been framed as principal cases (and some of which are as long as principal cases). The past three years have seen some unusually large doctrinal shifts. Nearly 170 pages on the Chevron doctrine from the Ninth Edition have been condensed into a much shorter narrative as a result of the Loper Bright/Relentless decision overruling Chevron. That decision has spillover consequences as well, requiring, for example, additional attention to how to draw a line between legal and policymaking determinations and the inclusion of substantial materials on the emerging “major questions doctrine.” The book continues to expand material on statutory interpretation, in recognition of the increasing appearance of Administrative Law in the first-year curriculum and the course’s frequent role as a principal vehicle for introducing the basics of statutory interpretation at schools with no Administrative Law or Leg/Reg requirement.
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