Foreign attorneys seeking an introduction to American public law, American students of administrative law, and others wanting to understand the workings... of American government from a legal perspective will all be well served by the second edition of Administrative Justice in the United States. Like the first edition, which has been widely adopted in American universities, it provides an overview of American administrative law. Originally written to introduce lawyers from abroad to American public law, it discusses most subjects that would be covered in an American law school course on Administrative Law or on the structural elements of American constitutional law. It makes a particular effort to explain arrangements of American government that might be surprising to lawyers from other parts of the world. Thoroughly revised and expanded, the second edition offers not only a comprehensive introduction to the caselaw, statutes, and literature of the subject, but also a wide range of websites through which American government can be explored firsthand.

Administrative Law Agencies: What they Do, How they are Controlled, Unlocking the Mystery of Administrative Law is a text written for college students... taking an introductory course in Administrative Law. The text is organized into three parts: creation of agencies, what agencies do, and how agencies are controlled. This organization brings clarity to the subject matter and allows students to focus on individual concepts while not losing sight of the big picture. The emphasis of the text is on the function and control of agency processes, and is presented in a way that shows relevance to the student's every day life, leaving them with a working knowledge of how agencies operate.

For experienced law faculty and those new to teaching administrative law, this text offers a complete array of the traditional and familiar cases as... well as recent decisions in the field, commentary, original case documents, and updates. Cases and supporting materials were edited and organized in a manner compatible with many pedagogical approaches to the teaching of administrative law, and with an eye towards facilitating self-contained, efficient and engaging reading assignments for individual class sessions. The new edition takes full advantage of the interactive casebook format, giving students access to the full text of most principal and note cases, legal scholarship, and select heretofore unavailable underlying agency documentation. There are dozens of new text boxes, new and challenging practice hypotheticals, and a number of important documents reflecting the recent presidential transition. The text includes more materials on adjudication than many administrative law books, including materials on agency intervention and discovery. PLEASE NOTE: If you purchase a used, unsealed copy of this book, access to the electronic version of this book may require a separate purchase.

In this new edition, author Steven J. Cann once again enlivens the topic of United States administrative law through the use of recent and "classic"... legal cases to make it accessible and interesting to students.  Administrative Law, Fourth Edition is an engaging casebook that presents a unique problem-solving framework that contrasts democracy with the administrative state. This novel approach places the often complex subject matter of U.S. administrative law into a more comprehensible context. The Fourth Edition has been completely updated and revised and includes many new cases to reflect changes in the law since the year 2000.   

This casebook focuses on five representative agencies to provide students with a more holistic understanding of the structure and functions of agencies,... to illustrate the kinds of actions agencies take to implement their statutory mandates, and to provide context for examining the legal constraints on those actions. Two key problems for teaching and learning administrative law are (1) students lack of familiarity with agencies, what they do, and their role in the tri-partite system of government established by the Constitution; and (2) the need to understand new and different agencies and figure out their organic statutes for each new administrative law case. By focusing on five important and representative agencies (the EPA, NLRB, SSA, IRS, and FCC), the book addresses both problems. Extended treatment of these agencies, including one chapter each that uses the agency to present the legal issues surrounding a particular kind of agency action (e.g., EPA to illustrate administrative law issues concerning rulemaking, the NLRB to illustrate the issues arising from agency efforts to make policy through adjudication), provides students with a clearer sense of how agencies are structured, what they do, and how they do it. In addition, our book provides an efficient mechanism for teaching and learning about administrative law: because the principal cases used to illustrate administrative law doctrine and present administrative law issues involve the same five agencies, the need to learn about new agencies and understand new organic statutes is greatly reduced, enabling students and teachers to focus on the administrative law issues in the cases.

Harrington and Carter know that bureaucratic government is no cure for the shortcomings of free enterprise, yet understand that government oversight and... regulation is crucial to keeping power within democratic boundaries. For readers who hope to embark on jobs in government, the private sector, or non-governmental organizations, this proven casebook will help lay a foundation of knowledge for effective decision making and critical evaluation of ethics in the rule of law. At its heart, the book aims to alert readers to the tremendous scope and power of administrative government and to how the legal system shapes administrative procedure and practice.Now in its fourth edition, Administrative Law and Politics continues to balance case excerpts and commentary, and has been thoroughly updated to account for recent developments, such as: the centralization of executive powersthe impact of privatization on administrative accountabilitythe public's interest when government services and provisions are outsourcedthe expansion of investigatory powers under FISA and the legal challenge brought by the ACLUthe range of legal procedures that are commonly found in administrative practices, such as university sexual harassment proceduresthe conflicts of interest when policy regarding future administrative rules is not open and transparent, as in the case of Cheney v. District Court for the District of ColumbiaNew cases include Kelo v. City of New London, FDA v. Brown & Williamson Tobacco Corp., United States v. Mead Corporation, Dow Chemical Company v. United States, and Massachusetts v. Environmental Protection Agency. Updated end-of-chapter exercises and questions encourage students to consider the majority and dissenting opinions in recent and highly controversial cases such as Hamdi v. Rumsfeld and Gratz v. Bollinger.

This book is about power and principles. The principles underlying administrative law have been the subject of controversy, as the de-and... anti-regulatory trends of the 1970s and 1980s yielded the neoliberalism of the 1990s and 21st century. The second edition of Administrative Law and Process: Cases and Materials examines administrative law in this context of market-oriented reform, emphasizing the connections to some of the broader societal issues of our times, especially the trend towards privatization of governmental services. Public/private partnerships are pervasive and raise new issues for administrative law. A statecentric approach to administrative law no longer suffices: administrative law mediates public and private power in novel ways, the implications of which can be far reaching. This raises new and important issues for administrative law teaching. The book is divided into two parts: an introductory chapter provides students with an overview of such key administrative law concepts as rules and orders as well as some of the various ways they might conceptualize administrative processes generally. Part I (Chapters 2 to 5) deals with the procedures agencies use to exercise their adjudicatory and rulemaking powers. It focuses on the exercise of power within the walls of administrative agencies.Part II (Chapters 6 to 10) examines how various actors outside of agencies attempt to influence and control the exercise of agency discretion. Given the major changes occurring in our political global economy, administrative law today is truly entering a new era. As we adapt to changing times, creative and imaginative approaches towards law and policy will be evermore necessary. Understanding the basic principles set forth in this book will help students build the intellectual foundation for their own future innovations, as legal professionals, thereby devising a new public law appropriate for sustaining democratic government in a global era.

Analyzing principal concepts, cases, and regulations, this textbook is designed as a collateral reading source for a law school level or graduate level... course on administrative law.

Outstanding authorship, rich materials, and systematic coverage are the hallmarks of Administrative Law and Regulatory Policy, now in its seventh... edition. Administrative procedure is examined in light of substantive policy debates in areas such as health, safety, environmental protection, and economic regulation. Questions, notes, and problems support thoughtful reading and analysis of Supreme Court decisions, agency actions, and matters of contemporary debate. A careful and rigorous revision, the Seventh Edition updates content throughout, gives consistent attention to detail, and tightens the presentation. Combining attention to the most recent developments in the field with the rigor and breadth that have always characterized this classic book, the Seventh Edition offers a thorough and timely overview of administrative law. Timeless features of this landmark casebook: logical organization that reveals the interaction of doctrine and procedure, as well as bureaucratic and political factors Notes and Problems that methodically explore all aspects of regulatory law and policy historical background material that shows how the New Deal changed American government in-depth consideration of the justifications for and tools of regulation New in the Seventh Edition completely revised materials on presidential appointment and removal coverage of e-rulemaking, the Obama Administration's transparency and openness initiatives, and other uses of new technologies material on the Information Quality Act, midnight regulations, and guidance documents a brief new section on global administrative law key Supreme Court decisions: Free Enterprise Fund v. PCAOB, Gonzales v. Oregon, Massachusetts v. EPA, FCC v. Fox Television Stations, Inc., Woodford v. Ngo streamlined Notes and Questions expanded statutory appendix Table of Contents: Ch. 1. Introduction Ch. 2. The Constitutional Position of the Administrative Agency Ch. 3. Administrative Discretion, Administrative Substance, and Regulatory Performance Ch. 4. The Scope of Judicial Review--Questions of Fact, Law, and Policy Ch. 5. "Common Law" Requirements: Clarity, Consistency, "Fairness" Ch. 6. Procedural Requirements in Agency Decisionmaking: Rulemaking and Adjudication Ch. 7. Agency Decisionmaking Structure Ch. 8. The Availability and Timing of Judicial Review Appendix A: Selected Provisions from the U.S. Constitution Appendix B: Selected Provisions from the Federal Administrative Procedure Act Appendix C: Selected Provisions from the Unfunded Mandates Reform Act Appendix D: Negotiated Rulemaking and Alternative Dispute Resolution Acts Appendix E: Congressional Review Act Appendix F: Information Quality Act Appendix G: Selected Provisions from the E-Government Act

This comprehensive, up-to-date text covers the constitutional and procedural dimensions of governmental agencies, including delegation, rulemaking,... adjudications, investigations, freedom of information, liabilities of governments and their employees, judicial review, and other considerations, including fairness. Written to challenge students without overwhelming them, this flexible text can be adapted for widely diverse settings. ADMINISTRATIVE LAW: BUREAUCRACY IN A DEMOCRACY, 5/e reflects recent U.S. Supreme Court decisions concerning preemption, official and sovereign immunity, Bivens actions, standing, and the commerce clause; adds the timely F.C.C. v. Fox case to illuminate the “arbitrary and capricious” standard for agency rulemaking; and discusses the ongoing constitutional challenges to healthcare reform.

The new edition of this accessible and straightforward casebook focuses on the basic principles of administrative law, with a traditional... cases-and-notes pedagogy, flexible organization, and new examination-length problems at the end of each substantive chapter. This concise teaching tool offers: a chronological approach that shows the procedural course of administrative law in actual practice manageable, practical length of about 800 pages, presenting complete coverage in seven chapters a broad range of state cases, both classic and current flexible organization beginning with an overview of administrative law and its agencies to allow instructors to easily adapt the book to individual course needs balanced coverage that gives students valuable exposure to the state level where most administrative law issues are handled in practice, in addition to the standard treatment of federal law clear, accessible writing style that facilitates student learning excellent notes and explanatory material the original approach of the late Bernard Schwartz, fine-tuned and updated

This book is designed with the problems of pedagogy in mind. The materials are arranged to assist students to appreciate the relationships underlying... various administrative-law doctrines. The materials also are intended to reveal the historical origins of those doctrines and their developments over time. 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. 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.