Selection And Oversight Of Administrative Law Judges

H.R. 6768, a Bill To Reform the Selection and Oversight of Administrative Law Judges

A new framework for understanding contemporary administrative law, through a comparative analysis of case law from Australia, Canada, England, Ireland, and New Zealand. The author argues that the field is structured by four values: individual self-realisation, good administration, electoral legitimacy and decisional autonomy.

Buy a new version of this textbook and receive access to the Connected eBook with Study Center on Casebook Connect, including lifetime access to the online ebook with highlight, annotation, and search capabilities. Access also includes practice questions, an outline tool, and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. 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 Ninth 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 Ninth Edition fully captures the headline-grabbing nature of federal administrative practice in today’s politically divided world. New to the 9th Edition: Extensive coverage of the Major Questions Doctrine and the decline of Chevron Expanded coverage of presidential policy initiatives including Executive Orders on immigration and Student Loan Debt Forgiveness. Updated coverage of standing to secure judicial review and the timing of judicial review especially when a party challenges an agency’s structure as unconstitutional. Updated coverage of the agency deliberation exception to the Freedom of Information Act. A new focus on issues concerning the propriety of agency adjudication and the denial of the right to a jury in private rights disputes. Professors and students will benefit from: The “case study” approach illuminates the background policy and organizational context of many leading cases. The functional organization of materials in Part Two enables instructors to show how doctrinal issues are shaped by functional context. The theoretical material presented at the beginning of the book provides a useful template for probing issues throughout the course. The book is designed to be easily adaptable for use as an advanced course and in schools that have a first-year Legislation and Regulation course, especially with enhanced coverage of recurring issues that arise in agency adjudications. The units 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 helps students understand the context within which doctrinal issues arise and the way in which those issues affect important matters of public policy. The organization of Part Two conveys a deeper understanding of the characteristic functions performed by administrative agencies.