This book helps students learn how to think and act like administrative lawyers. The book's structure and contents reflect that most law school graduates do not become appellate judges; rather, most law school graduates have actual clients – either clients with matters before administrative agencies or clients who are themselves administrative agencies – on whose behalf they must identify the relevant law, learn the applicable agency procedures, and build a favorable record. The book begins by introducing the components of administrative law. Then it teaches students how to learn about an unfamiliar agency, how to analyze and research various types of agency action (e.g. agency rulemaking and adjudication), and how to obtain review of agency actions at the administrative and judicial levels. The book uses problems to provide a practitioner-focused approach to the subject. It also uses learning tools such as checklists and graphics. Of course, the book also includes excerpts of the major judicial opinions that make up the administrative-law canon.This book is part of the Context and Practice Series, edited by Michael Hunter Schwartz, Professor of Law & Associate Dean for Faculty and Academic Development, Washburn University School of Law.
This book serves as the perfect marriage between workers¿ compensation theory and practice. While the book covers most of the traditional areas of workers¿ compensation doctrine, it also dwells at strategic points to reflect upon the letter of the law. It dares to question doctrine and¿more importantly¿encourages even the beginning student of workers¿ compensation to do more than passively receive rules. The author draws on his real world experience as a former injured worker and workers¿ compensation attorney, and supplements that experience with his theoretical perspective as a teacher and scholar of administrative and employment law. The student is guided through cases by the use of probing introductory questions, reflection sections at the conclusion of many of the cases, and running commentary and ¿interrogation¿ by way of text boxes at critical junctures in the cases. The student becomes acquainted with a fictional injured worker, Ann Smith, early in the book and has the opportunity to reflect upon legally significant developments as her case becomes increasingly complex. In the final, problem-solving chapter titled ¿In the Law Office,¿ students are introduced to materials from actual cases, demonstrating even more concretely how the principles they are learning are applied in practice. The resulting product is a natural fit with other titles in the Context and Practice Series. Students are introduced to a body of law through explicit engagement with it, and through exercises and commentary meant to refine their understanding through contextual interaction with black letter rules.
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.
This casebook focuses on the constitutional and statutory doctrines necessary to litigate 4th, 8th, and 14th Amendment claims, 1st Amendment religion claims that arise in prison, and the 11th Amendment defense. Every chapter places students in roles as practitioners handling simulated law practice problems; provides a doctrinal overview; includes exercises, visual aids, and questions to guide student reading; and includes materials that help students reflect on their professional roles. The second edition has new Supreme Court and circuit court authority, new jury instructions, and new exercises to help students become practice-ready and is adaptable for a 2, 3, or 4-credit course or for a Section 1983 constitutional clinic. This book is part of the Context and Practice Series, edited by Michael Hunter Schwartz, Professor of Law and Dean of the University of Arkansas at Little Rock Bowen School of Law.
The 6th Edition of this popular casebook has been revised as part of the Interactive Casebook Series and, like previous editions, focuses on real problems and real administrative practice. Problems serve as the primary pedagogical tool, including problems that do not involve courts. The book raises ethical issues distinctive to government lawyers, requires students to parse statutory and regulatory text in solving problems, and orients the course around administrative law practice rather than theory. While theory is not ignored, the book focuses on reality-based problems that put theory in context. It includes the most recent important Supreme Court and Courts of Appeals cases, including King v. Burwell, with its rejection of Chevron when a case involves interpretive questions of deep "economic and political significance"; Perez v. Mortgage Bankers Ass'n, which overruled the D.C. Circuit's Alaska Hunters line of cases; Lexmark International's attempt to clarify the meaning of prudential standing; Spokeo, Inc. v. Robins, with its rejection of standing absent concrete injury to a person, even when a person's statutory right has been violated; and Corps of Engineers v. Hawkes' elaboration of the test for finality. In addition, the new edition joins the ranks of Interactive Casebooks, a new breed of casebook that features a novel visual display and layout that uses text boxes, and color/border segregated feature sections for hypotheticals, reference to scholarly debates, useful information for students, and provocative questions. A major distinguishing feature of the book is its inclusion of an accompanying electronic version with the extensive hyperlinking to Westlaw versions of legal materials, Black's Law Dictionary definitions, supplementary online resources and more. The Sixth Edition utilizes the CasebookPlus(tm) platform, providing students with digital access to faculty-authored self-assessments that are keyed to the text.
Offering broad national coverage on an array of topics, Natural Resources Law, Fourth Edition conveys the drama behind resource disputes and policy and the love-of-place. Most cases are introduced with a photo or map of the place, along with a context-setting paragraph. Each group of cases—both foundational cases as well as new decisions—begins with a factually rich discussion problem tailored to the cases that follow. Many problems mirror traditional essay exam questions; others raise contemporary policy issues. This highly teachable book groups readings into discrete, assignment-sized chunks of 25-40 pages, allowing coverage of 2-4 cases or one problem during each class section. The main emphasis is on primary sources, and each chapter opens with relevant statutory and regulatory sections.
International Women's Rights, Equality and Justice explores the history and development of women's rights in the context of international human rights law. From the 1848 Seneca Declaration to the 1979 Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) to the present day, women's struggles for rights, freedom from discrimination, and equality are canvassed.The book details gender based claims brought in domestic courts, as well as those brought in regional or international fora, and explores the various remedies available, depending on where a claim is adjudicated. The text also canvasses the important contributions of NGOs, and challenges students to think about tactical, strategic, contextual and pragmatic choices that lawyers are called on to make when representing clients. Along with excerpts of cases and briefs, the text includes samples of complaint forms and instructions.International Women's Rights, Equality, and Justice could be used in a two or three credit specialized class, or as part of a general International Human Rights or Gender class. It also provides a useful collection of documents and overview of the law for policy makers.This book is part of the Context and Practice Series, edited by Michael Hunter Schwartz, Professor of Law & Associate Dean for Faculty and Academic Development, Washburn University School of Law.
Mastering Statutory Interpretation explains the methods of interpreting statutes, including a discussion of the various theories and canons of interpretation. The book begins by exploring these theories and identifying the sources of meaning the theorists use to interpret statutes, including intrinsic, extrinsic, and policy-based. Throughout, the text uses the major cases in each area of study to explain how the canons work in practice. Finally, each chapter provides a concise roadmap and summary to introduce and encapsulate the most important material. The second edition adds one new chapter to address the administrative issues that faculty teaching legislation and regulation need, as well as a running hypothetical to help students better implement what they are learning. This book is part of the Carolina Academic Press Mastering Series edited by Russell L. Weaver, University of Louisville School of Law.
The second edition of this innovative administrative law casebook retains and enhances its unique features: Focus on five representative agencies to provide students with a more holistic understanding of agencies and provide context. Use of a consistent unit design that maximizes student learning and facilitates the use of the book with a wide variety of teaching styles, including traditional methods and the "flipped" classroom. Incorporation of cutting-edge cases and problems that focus on the practical application of administrative law doctrines. By focusing on five important and representative agencies (the EPA, NLRB, SSA, IRS, and FCC), the book addresses two key problems for teaching and learning administrative law: (1) students' lack of familiarity with agencies and what they do; and (2) the difficulty of understanding new and different agencies and their organic statutes for each new administrative law case. Extended treatment of these five agencies, including one chapter for each agency that focuses on the use of a particular kind of agency action (rulemaking, policymaking adjudication, mass adjudication, informal action, and enforcement) provides students with a more complete picture of what agencies do and how they do it. Because the principal cases and problems involve the same five agencies throughout the book, 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. The book uses a consistent "unit" format throughout. Each unit covers a particular topic and includes (1) a clear and comprehensive discussion of the basic doctrine governing the topic; (2) a principal case or cases to illustrate the application of the doctrine and highlight key issues; (3) a discussion of related matters to explore additional issues and connections between topics; and (4) a detailed administrative law problem requiring the application of the doctrine in context. This unique structure and design facilitates the use of the book with a variety of teaching methods, including the Socratic method, lecture and discussion, and the problem method. Because it combines clear exposition, illustrative principal cases, and comprehensive problems, the book is also an ideal tool for teachers who want to flip their classrooms. This unit structure also enhances the flexibility of the book, allowing teachers to select topics for coverage and determine the depth of coverage they wish to provide. The second edition has been thoroughly updated to include the most recent Supreme Court decisions and cutting-edge court of appeals decisions, streamlined to reduce length and improve focus, and revised to enhance its effectiveness as a teaching and learning tool.
The seventh edition of Constitutional Law, Administrative Law, and Human Rights, continues to provide in-depth coverage of the core elements of a constitutional and administrative law syllabus. In addition, it explores the latest ongoing debates around potential constitutional reforms. This engaging text provides a unique cross-disciplinary approach to the subject, with emphasis on material drawn from political theory, political science, and social history. The author's stimulating, narrative style encourages critical analysis, ensuring that the reader gains a fundamental appreciation of public law in its wider context.
Contract Law: A Case & Problem-Based Approach provides an organizational structure that introduces students to each major area of contract law before exploring these areas in greater depth later in the casebook. Specifically, the casebook is broken into three major parts, each of which is designed not only to orient the students to the major subject areas of contract law, but is also meant to help them appreciate the connections and relationships between and among these subject various areas. Short problems and drafting exercises are included throughout the book to test the students’ understanding of material presented in the casebook and during classroom discussion. Additionally, included in the text are “thinking tools,” which are designed to help the student think critically about the law, along with theoretical, historical, doctrinal, contextual, and practice-oriented notes to enrich the students’ black-letter experience. Key Features: Three-part design allows students to gain an appreciation of all parts of contract law and • Brief introductions before each major section, along with thought questions designed to guide the students’ reading. Short problems and drafting exercises throughout the book to test the students’ understanding of material presented in the casebook and during classroom discussion. “Thinking tools,” designed to help the student think critically about the law, along with theoretical, historical, doctrinal, contextual, and practice-oriented notes to enrich the students’ black-letter experience. A healthy balance of classic and modern cases to illustrate major contract law concepts.
This authoritative casebook presents a comprehensive treatment of the doctrinal basis of administrative law that students need to know to practice competently and also a substantial development of the scholarly literature that has, from many perspectives, critiqued the existing law. The 11th edition continues the tradition of offering instructors a rich theoretical, historical and political context for the cases. At the same time, recognizing changing pedagogical demand, the book offers a leaner presentation of many topics and more cues for helping students navigate the book.
Hilaire Barnett’s Constitutional and Administrative Law has provided generations of students with reliable, accessible and comprehensive coverage of the Public Law syllabus. Mapped to the common course outline, it equips students with an understanding of the constitution’s past, present and future by analysing and illustrating the political and socio-historical contexts which have shaped the major legal rules and principles of public law, as well as on-going constitutional reform. The 12th edition will address key recent developments including: The referendum result on the UK’s membership of the EU and its ongoing impact on constitutional and administrative law The continuing process of devolution to the nations Terrorism and national security Future developments, particularly in relation to 'Brexit' will be discussed in regular updates to the companion website.
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. This book also is available in a heavily discounted, three-hole punched, alternative loose-leaf version printed on 8 x 11 inch paper with wider margins and with the same pagination as the hardbound book.
"As in the first edition, Thaman presents a topical approach to the subject, focusing on the roles of public prosecutors, police, victims, and defense attorneys in the investigation of criminal cases and trials up through the judgment phase. Thaman uses high court jurisprudence in English translation to elucidate the European approach to important, and often controversial, areas of criminal procedure, and he also links criminal procedure with its roots in substantive criminal law. Thaman looks at the early reactions to crimes committed flagrantly or in secret as the historical roots of modern criminal procedure. The approaches of the old inquisitorial system and the use of torture to solve circumstantial evidence crimes are also presented.The Second Edition retains the basic content and organization of the original edition. It updates the citations to U.S. Supreme Court cases and to important literature which has appeared in the last six years and refers to some new important cases, primarily in footnotes. Stylistic improvements in the text and the translations have been made and glossary entries (including some Russian terms) have been added."
Tort Law and Practice provides a rich context for the study of Tort Law. Teachers and students consistently rate this book highly. This innovative casebook thoroughly develops the core torts principles, and has many unique features, such as: emphasis on contemporary cases while retaining the classic cases; use of problems (with model answers for teachers) to facilitate learning and application; variety of negligence duty issues to select from for classroom focus; balanced presentation of alternative points of view; inclusion of substantive and damages issues reflecting the diversity of U.S. society; summary of contents at the beginning of each chapter to help students keep the concepts in focus; boxed outline summaries and flow charts to facilitate learning; ethical issues in personal injury cases discussed in context; and practice materials included to help students understand the process.
The Seventh Edition of this course book revises only slightly the organization familiar to its many users, but increases the attention paid to informal processes, current controversies, and the push for open government. Following an introduction to the history, institutional context, and theory of administrative law, students are exposed to four main topics: the political control of administration by Congress and the executive branch; agency processes for adjudication and rulemaking; government access to and required disclosure of information; and judicial remedies for official illegality. Doctrinal analysis is enriched by case studies of the law in action in particular contexts.
Administrative Law integrates doctrinal analysis and procedural rules with substantive policy areas to encourage students to see the relevance of administrative law in policy and contemporary politics. Eminently readable introductions, transitional text, and Notes and Questions;coupled with the authors; engaging approach;have made this casebook a favorite with students and professors. New co-author Jody Freeman ushers in the Sixth Edition with new materials on cooperative regulatory structures and alternative regulatory procedures. A host of updates include the separation of powers decision in Free Enterprise Fund; the global warming case, Massachusetts v. EPA ; updated coverage of the Chevron doctrine; and enhanced coverage of arbitrary, capricious review. Features of a classic in its field: outstanding authorship;all authors are luminaries in administrative law and related fields accessible approach that puts doctrinal analysis and procedural rules in real-world perspective and context concentrated attention on the policy and political context of administrative decision making selected provisions from the Constitution of the United States and the Administrative Procedure Act, plus related provisions, in the Appendix An exciting revision with a highly regarded new co-author, the Sixth Edition brings: Free Enterprise Fund v. Public Company Accounting Oversight Board (appointment and removal of board members) updates throughout, including Notice of Proposed Rulemaking, standing, cooperative regulatory structures, the Chevron doctrine, preemption, and more
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.