Administrative Law, Sixth Edition
Administrative Law, Sixth Edition
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Administrative Law, Sixth Edition by esteemed authors Judge John M. Rogers, Michael P. Healy, Ronald Krotoszynski, Jr., and Kent Barnett is a casebook designed to serve as a streamlined workhorse for professors who like to teach out of cases and to focus on the principles underlying core doctrines. The structure of this casebook is dictated by the four fundamental components of administrative law: (1) procedural requirements for agency adjudication; (2) procedural requirements for, and other issues related to, agency rulemaking; (3) separation-of-powers issues related to administrative agencies; and (4) judicial review of agency action. In this book, the cases speak for themselves, with a minimum of editorializing text. This approach gives professors and students alike the opportunity to reconcile the principles of the case, each in his or her own way.
For instructors who prefer a case-oriented approach, Administrative Law, Sixth Edition is a case-rich text that focuses on the core issues in administrative law. Lightly-edited cases preserve the feel of reading entire opinions and include facts, content, full analyses, and citations. Keystone cases reinforce important themes and topics. Introductory material and questions following the cases focus students' reading and stimulate class discussion, while helpful notes facilitate keen understanding of legal doctrines, introduce students to academic responses to judicial decisions and agency practices, and identify recent developments in doctrine and academic study. "Theory Applied" sections at the conclusion of major parts offer teachers an opportunity to evaluate students' grasp of the materials in new factual and legal contexts. This flexible, easily teachable text is designed for a 3-unit course, and its self-contained parts can be taught in any order.
New to the Sixth Edition:
- Materials addressing the practice of mass comments on rulemaking.
- Inclusion of the seventh-amendment decision in SEC v. Jarkesy (2024) and consideration of the decision's impact on agency adjudication.
- Materials, including United States v. Arthrex, Inc. (2021) and Trump v. Wilcox (2025), addressing developments in the law relating to the appointments clause and the president's removal authority.
- New sections on executive orders and the civil service which address separation-of-powers issues raised most notably by the second Trump Administration.
- Revised section on the standard of review for questions of law. The revised section addresses the overruling of the Chevron doctrine in Loper Bright Enterprises v. Raimondo (2024) and the application of the major questions doctrine in West Virginia v. EPA (2022).
- New notes and questions that summarize Supreme Court decisions in Biden v. Missouri (2022), Collins v. Yellen (2021), Culley v. Marshall (2024), Corner Post, Inc. v. Board of Governors of Federal Reserve System (2024), Department of State v. Muñoz (2024), FCC v. Prometheus Radio Project (2021), Garland v. Cargill (2024), Ohio v. EPA (2024), and United States v. Texas (2023)
Professors and students will benefit from:
- Inclusion as new lead cases the Supreme Court decisions in SEC v. Jarkesy, United States v. Arthrex, Inc., Trump v. Wilcox, Loper Bright Enterprises v. Raimondo, West Virginia v. EPA, and Carr v. Paul.
- Lightly-edited cases, similar to reading entire opinions, including facts, content, full analyses, and citations.
- Flexible, teachable text, designed for a 3-unit course with modular sections that allow for easy reshuffling of materials.
- Helpful Notes crafted to enrich students' understanding of legal doctrines, introduce important themes and topics, and identify possible future developments to theory and doctrine.
- "Theory Applied" problems and capstone cases that allow systemic review and integration of major concepts.
- Up-to-Date content that includes coverage of important new developments in administrative practice, including the overruling of the Chevron doctrine and the second Trump Administration decision to seek the overruling of Humphrey's Executor.
- Coverage of contemporary separation of powers problems and controversies affecting the administrative state, including new materials on executive orders and the civil service.
- Notes and discussion materials addressing contemporary issues in Administrative Law, including:
- due process in the administrative setting
- formalities of administrative rulemaking and adjudication
- benefits and costs of agency adjudication and rulemaking
- modification of agency interpretations and interpretive rulemaking
- delegation of authority to agencies and private entities
- political influence on agency policy
- justiciability and judicial deference
Contents
Preface
Acknowledgments
CHAPTER 1
Introduction
CHAPTER 2
Adjudication
CHAPTER 3
Rulemaking
CHAPTER 4
Agencies and Three-Branch Government
CHAPTER 5
Judicial Review
Appendix A The Constitution of the United States
Appendix B The Administrative Procedure Act (Selected Provisions)
Appendix C Uniform Law Commissioners’ Model State Administrative
Procedure Act (1981) (Selected Provisions)
Table of Cases
Index
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