Synopsis
Instructors who want a traditional administrative law casebook that supplies important contextual information have long favored this carefully crafted teaching tool. ADMINISTRATIVE Cases and Materials, Fifth Edition, continues to present administrative law as a vital force in policymaking, law enactment, and politics through the use of case analysis and excerpted materials that explore policy theories.Refined through years of successful classroom use, the casebook class=copymedium>outstanding authorship from a team of expert scholars, including Colin S. Diver, who served on the National Regulatory Commission's Advisory Committeeintegration of doctrinal analysis and procedural rules with substantive policy areas to enable students to see the relevance of administrative law in policy and contemporary politicsclearly written introductions, transitional text, notes, and questions, all designed to stimulate student understandingselected provisions from the Constitution of the United States and the Administrative Procedure Act, plus related provisions, in an appendixa comprehensive Teacher's Manual that presents the authors' insights on teaching and outlines different approaches to the courseThe scrupulously updated Fifth Edition presents new material class=copymedium>separation of powers, including Edmunds v. United States on the distinction between principal and inferior offices, the establishment and organization of the Department of Homeland Security, issues concerning the President's authority in the war on terrorism, and Telecom Ass'n v. FCC, regarding agencies sub-delegating their authority to state agenciesstandards of judicial review, with notable coverage of Chevron regarding air quality standards and extensive revision to accommodate the rules governing when Chevron applies, with a focus on Mead and related cases, such as Boeing v. United Statesavailability of judicial review, now including Norton v. Southern Utah Wilderness Alliance on the definition of 'agency action' subject to judicial review, Public Citizen Health Research Group v. Chao on the reviewability of excessive agency delay, and Bennet v. Spear concerning the importance of the finality standardadjudication, reflecting Justice Scalia's refusal to recuse himself from Cheney v. U.S. Dist. Court for the District of Columbia after traveling with Cheney on a duck-hunting trip and discussion of Sprietsma v. Mercury Maine regarding preemption of state law by federal agency under the Federal Boat Safety Act licensing, now with the inclusion of National Cable & Telecommunications Ass'n v. Brand X Internet Services on the FCC's treatment of competing internet servicesthe war on terror's effects on government's ability to withhold information from the publicrecent Supreme Court decisions, such as Sprietsma v. Mercury Marine dealing with preemption of the Federal Boat Safety Act over a state common-law tort action and Aetna Health Inc. v. Davila regarding ERISA preempting individuals from suing their HMOs for refusing to pay for recommended treatment
About the Author
Jack M. Beermann is Professor of Law at Boston University.
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