Author: Gary Lawson
Publisher: West Academic Publishing
Release Date: 2015-11-26
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 in order to provide the fundamental knowledge and concepts necessary to understand the subject, on the belief that an understanding of federal law can be translated into other settings. The book also maintains the straightforward organization and don't-hide-the-ball presentation that has characterized the book since its inception. The Seventh Edition contains five new principal cases, eight major new note cases, ten shorter new note cases, and updated treatments of all major topics. It also includes a revised Chapter I that includes an extended treatment of statutory interpretation to accommodate the increasing inclusion of Administrative Law in the first-year curriculum.
Author: Richard Pierce
Publisher: Foundation Press
Release Date: 2014-09-26
This casebook is designed with an emphasis on accessibility, includes many discussion problems and questions focusing on real-world application, and gives students a solid grounding in the basic principles of administrative law that they might come across in regulatory practice. While it pays due attention to the historical evolution of the doctrine in certain areas, this casebook focuses more heavily on current standards. Administrative law as a subject matter encompasses some very interesting theoretical discussions. Rather than remain strictly theoretical to the point of bordering on encyclopedic, this book tends toward the more practical, while still including enough reference to theory to enable a professor who wants to introduce more theoretical discussion into the classroom to do so.
Author: Michael R. Asimow
Release Date: 2014-06-17
State and Federal Administrative Law, Fourth Edition, contains thorough coverage of administrative law issues in both federal and state contexts. Although it can be used for a course that focuses primarily on federal law, its dual coverage allows instructors to highlight the insights that can emerge from a comparison between federal and state approaches to the same issues. The book exposes students to a broad sample of the federal, state, and local administrative agencies that they will encounter in their professional lives. The book also contains many short, concrete problems that enable instructors to make use of the problem method. A comprehensive teacher's manual accompanies the book.
Author: Christopher Enright
Publisher: Federation Press
Release Date: 2001
Genre: Administrative law
Federal administrative law is a vast expanse of statutory provisions and case law. This text aims to map these provisions, setting out the case and statute law in a structured and amenable way. Federal Administrative Law commences with discussion of the composition, powers and decision-making processes of the executive government. Then it covers the major remedies available for those who are dissatisfied by a decision of the executive government - reasons for decision, access to information under FOI legislation, judicial review, appeal to the Administrative Appeals Tribunal, review by the Ombudsman, remaking a decision, collateral review and special review. Enright also engages with the perennial conceptual problems of administrative law. Difficulties with separating legislative, executive and judicial power, and in distinguishing between law and fact, are considered insoluble, Enright argues, only because they have not been approached in the right way. Enright argues for going back to basics, emphasising the necessity of asking the right question in the first place. In a similar vein, Enright investigates problems with legitimate expectation in the law of natural justice and argues that difficulties with standing can be treated better by taking a more analytical approach to the interests involved. Federal Administrative Law will serve as a basic text and reference book for those who work in Commonwealth administrative law. It is written in a clear and easy to read style that will make it suitable as a textbook in undergraduate courses.
Author: William F. Funk
Publisher: American Bar Association
Release Date: 2008
This book provides explanations of the key procedural laws and presidential directives that apply across-the-board to federal agencies. It contains all the significant statutes, Executive Orders, memoranda, and other materials relating to the major aspects of administrative law and regulatory practice. In addition to the primary sources, this volume includes pertinent legislative history, bibliographies of related sources, and the editors' insightful commentary on each of the source documents.
Author: William F. Fox
Release Date: 2012
Genre: Administrative law
External controls on administrative agencies : the legislative branch -- External controls on administrative agencies : the executive branch -- The exercise of agency power -- Agency decision-making : the constitutional limitations -- Agency decision-making : choosing rule or order -- Rulemaking.
Author: Philip Hamburger
Publisher: University of Chicago Press
Release Date: 2014-05-27
Is administrative law unlawful? This provocative question has become all the more significant with the expansion of the modern administrative state. While the federal government traditionally could constrain liberty only through acts of Congress and the courts, the executive branch has increasingly come to control Americans through its own administrative rules and adjudication, thus raising disturbing questions about the effect of this sort of state power on American government and society. With Is Administrative Law Unlawful?, Philip Hamburger answers this question in the affirmative, offering a revisionist account of administrative law. Rather than accepting it as a novel power necessitated by modern society, he locates its origins in the medieval and early modern English tradition of royal prerogative. Then he traces resistance to administrative law from the Middle Ages to the present. Medieval parliaments periodically tried to confine the Crown to governing through regular law, but the most effective response was the seventeenth-century development of English constitutional law, which concluded that the government could rule only through the law of the land and the courts, not through administrative edicts. Although the US Constitution pursued this conclusion even more vigorously, administrative power reemerged in the Progressive and New Deal Eras. Since then, Hamburger argues, administrative law has returned American government and society to precisely the sort of consolidated or absolute power that the US Constitution—and constitutions in general—were designed to prevent. With a clear yet many-layered argument that draws on history, law, and legal thought, Is Administrative Law Unlawful? reveals administrative law to be not a benign, natural outgrowth of contemporary government but a pernicious—and profoundly unlawful—return to dangerous pre-constitutional absolutism.
Author: David H Rosenbloom
Release Date: 2018-04-19
Genre: Political Science
This book focuses on the essentials that public managers should know about administrative law—why we have administrative law, the constitutional constraints on public administration, and administrative law’s frameworks for rulemaking, adjudication, enforcement, transparency, and judicial and legislative review. Rosenbloom views administrative law from the perspectives of administrative practice, rather than lawyering with an emphasis on how various administrative law provisions promote their underlying goal of improving the fit between public administration and U.S. democratic-constitutionalism. Organized around federal administrative law, the book explains the essentials of administrative law clearly and accurately, in non-technical terms, and with sufficient depth to provide readers with a sophisticated, lasting understanding of the subject matter.
Author: Michael Asimow
Publisher: American Bar Association
Release Date: 2003
Genre: Administrative procedure
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