Administrative Law and Process

As with the previous editions, this is a comprehensive administrative law casebook. It has been updated with the latest cases pertaining to the core areas of administrative law that are likely to be taught in various courses today, including:

1. Due Process (Chapter 2) and Judicial Review (Chapter 8), especially recent developments involving Chevron v. NRDC, its application to tax rulings (Mayo Foundation); agency interpretations of their own regulations (Auer deference); agency interpretations of their own procedural obligations (Dominion Energy); agency interpretations of the extent of their own jurisdictional powers (City of Arlington); and the stare decisis effects of previous agency and judicial interpretations (Brand X and its progeny).

2. Executive Power (Chapter 7), including the various appointment issues at stake in the Free Enterprise case, the constitutionality of double removal for cause provisions, the limits of the unitary executive theory; the use of executive czars and the impact of OMB and OIRA reviews on substance and procedure.

3. The intersection of international issues and administrative law, including the delegation of federal power to international bodies (Chapter 6) and the application of new rules involving climate change issues (Chapter 5) in an arguably retroactive manner.