Cases And Materials On Administrative Law

With this new edition, Administrative Law: Cases and Materials continues to present the complex substance of administrative law in a format that is both intellectually satisfying and easily understandable. Prior to publication the book was used at the University of Minnesota where the students found administrative law to be both an exciting and rewarding endeavor. In addition to carefully examining current law, students will become familiar with the relevant historical perspectives so necessary to appreciate the dynamics of today's law. They will become familiar with the so-called progressive movement and its regulatory offspring, the independent agency, with the New Deal regulatory agenda, with the post-World War II consensus embodying the Administrative Procedure Act, with the problem of capture, with aggressive modes of judicial review in response, with the problem ossification of rule-making, and with an array of judicial reinterpretations of settled precedents. This focus on doctrinal coherence and historical background provides a rich intellectual experience. This new Second Edition also: Includes new cases through 2010 Term of the Supreme Court, including Free Enterprise Fund v. Public Company Accounting Oversight Board, the latest separation-of-powers decision by the U.S. Supreme Court, and last year's FCC v. Fox Telev. Stations, Inc. gloss on hard-look judicial review; Focuses upon the relationships among various administrative law doctrines, such as the relation between the substantial-evidence and arbitrary-and-capricious review standards and the relations between those review standards and the Chevron/Skidmore deference standards; and Examines split-enforcement agencies such as OSHA establishes as well as analogous structures in the benefit agencies in addition to omnipresent unitary regulatory agency. This book also is available in an alternative loose-leaf version printed on 8.5 x 11 inch paper with wider margins and with the same pagination as the hardbound book.

Filling a need for a case and materials book on constitutional and administrative law, this textbook reflects the latest thinking particularly in relation to the European Communities.

Administrative Law: Cases and Materials is the product of a longstanding collaboration by a distinguished group of authors, each with extensive experience in the teaching, scholarship, and practice of administrative law. The Eighth Edition preserves the book’s distinctive features of functional organization and extensive use of case studies, with no sacrifice in doctrinal comprehensiveness or currency. By organizing over half of the book under the generic administrative functions of policymaking, adjudication, enforcement, and licensing, the book illuminates the common features of diverse administrative practices and the interconnection of otherwise disparate doctrines. Scattered throughout the book, case studies present leading judicial decisions in their political, legal, institutional, and technical context, thereby providing the reader with a much fuller sense of the reality of administrative practice and the important policy implications of seemingly technical legal doctrines. At the same time, the Eighth Edition fully captures the headline-grabbing nature of federal administrative practice in today’s politically divided world. New to the Eighth Edition: New insight into the thinking of the Supreme Court’s newest Justices on crucial separation-of-powers questions (especially in excerpts from the Gundy, Kisor, and PHH cases) Multiple excerpts from the controversial citizenship-question Census case Excerpts of judicial responses to Trump Administration initiatives in immigration and environmental law Multiple excerpts from the DAPA case (Texas v. US), as a platform for considering the fate of the DACA program and other immigration controversies Comprehensive updates of materials on Chevron deference, arbitrary-capricious review, substantial evidence review, reviewability of agency action, the appointment and supervision of ALJs, and presidential oversight of rulemaking Professors and students will benefit from: The “case study” approach that illuminates the background policy and organizational context of many leading cases. The functional organization of materials in Part Two which enable instructors to show how doctrinal issues are shaped by functional context. Theoretical materials presented at the beginning of the book that provide a useful template for probing issues throughout the course. A text that is designed to be easily adaptable for use as an advanced course and in schools that have a first-year Legislation and Regulation course. Units that are organized so that many class sessions can focus on a single leading case, reducing the problem of “factual overload” that characterizes many administrative law courses. The case study approach that helps students understand the context within which doctrinal issues arise and the way in which those issues affect important matters of public policy. Reorganization of Part Two to convey a deeper understanding of the characteristic functions performed by administrative agencies.

Administrative law probably touches each of us as citizens in more ways than any other area of law. It is the body of law that ensures that governments (and government officials) deal with us in a manner that is both lawful and fair. It governs the myriad of relationships that we, as citizens, have with our governments at every turn, from our dealings with Revenue Canada, to the application for a municipal building permit. David Mullan is one of Canada's leading scholars in the area of administrative law. His book not only provides a clear overview and analysis of this important field, it also explores the complex issues involved in balancing effective and efficient government with the protection of individual interests and concerns.

Provides a set of commentaries on a contractual history of an oil or gas field, from the initial formation of a consortium to bid on concessions, to the abandonment of the facilities. The book is accompanied by a disk containing precedents, to accompany and illustrate the principles described.