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.
This supplement accompanies State and Federal Administrative Law, Second Edition.
America's market-based health care system, unique among the nations of the world, is in large part the product of an obscure, yet profound, revolution that overthrew the medical monopoly in the late 1970s. In this lucid, balanced account, Carl F. Ameringer tells how this revolution came into being when the U.S. Supreme Court and Congress prompted the antitrust agencies of the federal government—the Federal Trade Commission and the Justice Department—to change the rules of the health care system. Ameringer lays out the key events that led up to this regime change; explores its broader social, political, and economic contexts; examines the views of both its proponents and opponents; and considers its current trajectory.
This book offers a comparative introduction, by editors and native authors, to the most important aspects of administrative law in various EU Member States (Belgium, France, Germany, the Netherlands, the United Kingdom), at the level of the EU and in the United States of America. It aspires to contribute to the 'transboundary' understanding of different regimes related to actions and decisions of the administration. For the purpose of the use of this book in education, research and legal practice, the contributions to the book are all based on one and the same format, thus making it more accessible for its readers. The main items of the format are. . What is administrative law? . Who is administrating? . Which instruments are available to the administration? . Which (formal) rules/principles (written or unwritten) govern administrative actions? . Access to (administrative) courts against administrative actions/decisions. . Recent and future developments and conclusions. The final chapter offers comparative remarks by the editors.
Schwartz provides a masterly exposition of administrative law through a comparative study of the French droit administratif, arguably the most sophisticated Continental model. As Vanderbilt points out in his introduction, this is an important field that involves much more than administrative procedure. It deals directly with some of the most crucial issues of modern government regarding the distribution of power between governmental units, the resulting effect on the freedom of the individual and on the strength and stability of the state. Reprint of the sole edition. "[T]his book represents a significant achievement.... Unlike so many volumes that roll off the press these days, it fills a real need; and, though perhaps not the definitive work in English on the subject, it fills it extremely well." --Frederic S. Burin, Columbia Law Review 54 (1954) 1016 Bernard Schwartz [1923-1997] was professor of law and director of the Institute of Comparative Law, New York University. He was the author of over fifty books, including The Code Napoleon and the Common-Law World (1956), the five-volume Commentary on the Constitution of the United States (1963-68), Constitutional Law: A Textbook (2d ed., 1979), Administrative Law: A Casebook (4th ed., 1994) and A History of the Supreme Court (1993).
It is essential to cover California administrative law in an administrative law course in California. First, the clients of California lawyers are much more likely to have disputes with California state and local agencies than with federal agencies. Second, California administrative law is very different from federal law. In virtually every instance, these differences lie in the direction of protecting private business and individual interests rather than favoring the agencies. California Administrative Law is designed as a supplement to be used in the basic administrative law course. It could also be used as the text for an advanced course or seminar in California administrative law.
Outstanding authorship, rich materials, and systematic coverage are the hallmarks of Administrative Law and Regulatory Policy, now in its seventh edition.
Administrative Law involves agency application of statutes, presidential orders, and agency regulations as well as judicial review of the ways in which regulatory agencies interpret those laws, orders, and regulations. It is impossible to study this field without regular reference to those sources. This Supplement provides the essential legislative and executive pronouncements in the field that empower and limit agency activity including the Administrative Procedure Act, Freedom of Information Act, Federal Advisory Committee Act, Negotiated Rulemaking Act, Regulatory Flexibility Act, Paperwork Reduction Act, Small Business Regulatory Enforcement Fairness Act, Executive Orders 12866 and 13422, and select administrative agency discovery rules.
Combining distinguished authorship and the proven-effective Examples & Explanations pedagogy, this concise study guide, now in its Third Edition, is an invaluable resource for students struggling to understand the case law, statutory law, agencies, and procedures that make up Administrative Law. Updated throughout, the Third Edition of Examples & Explanations: Administrative Law features: distinguished authors known for their scholarship in the field helpful big-picture overviews of administrative agencies clear and detailed introductions to central concepts and procedures examples and explanations that focus on vivid, real-world issues and essential principles and practices thorough coverage of federal administrative law that is consistent with the content in the leading casebooks cites and references to the major cases cited in the leading casebooks coverage and excerpts from the Administrative Procedure Act a modular chapter organization that can be adapted to suit a variety of courses coverage of the OPEN Government Act of 2007, amending the Freedom of Information Act Examples & Explanations: Administrative Law, Third Edition, is a current and straightforward resource that you can recommend to your students with confidence.