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 book is designed primarily to teach models for analyzing administrative law problems. The modeling approach helps students understand the big picture of administrative government. At the same time, it sensitizes them to the need for a flexible, context-specific analysis of agency powers and duties. The book is based on validated adult learning theory. As such, it emphasizes development of professional skills and perspectives. It encourages this development by, among other means, using multiple methods of presenting the material; relating the material to students prior experience, and explaining the relevance of the material to future legal practice. The book uses federal administrative law as the organizing principle, but it also includes compilations of citations for the corresponding administrative law of selected states.
Analyzing principal concepts, cases, and regulations, this textbook is designed as a collateral reading source for a law school level or graduate level course on administrative law.
Using a case-oriented approach, the fourth edition of Administrative Law is a case-rich text that focuses on the core issues in administrative law. Lightly-edited cases preserve the feel of reading entire opinions and include facts, content, full analyses, and citations. Introductory material and questions following the cases focus students’ reading and stimulate class discussion. Keystone cases introduce important themes and topics, and helpful notes facilitate keen understanding of legal doctrines. “Theory Applied” sections at the conclusion of major parts offer teachers an opportunity to evaluate students’ grasp of the materials in new factual and legal contexts.
The Fourth Edition is updated to take account of new developments in the law, new regulations, and new cases. The most comprehensive updates are found in Chapter Four on the Clean Air Act and Chapter Five on the Clean Water Act. Chapter Four has been reorganized to provide professors and students with a new comprehensive section on climate change, including the EPA's many regulatory efforts to address greenhouse gas emissions from both mobile and stationary sources, critical U.S. Supreme Court decisions, and an overview of the Clean Power Plan, which is in litigation as the Fourth Edition goes to press. Chapter 5 includes a new approach to the "waters of the United States" element of Clean Water Act jurisdiction. This section now summarizes key U.S. Supreme Court interpretations from Riverside Bayview Homes, SWANCC, and Rapanos, then provides an overview of both the June 2015 "waters of the United States" rule and the litigation challenging that rule, emphasizing the key issues. Chapter Five now also includes an expanded discussion of stormwater and the two new U.S. Supreme Court cases on Clean Water Act jurisdiction over stormwater. As was true in the Third Edition, the Fourth Edition continues to increase the number of "The Rest of the Story" notes after cases. These notes trace the context and the aftermath of cases and their continuing implications. In addition, by Fall 2016, adopters of the Fourth Edition will have access to fully updated Power Point slides and a new Teachers Manual with links to videos and other teaching materials for use in class. For more information and additional teaching materials, visit the companion site.
This supplement accompanies State and Federal Administrative Law, Second Edition.
This highly efficient casebook offers materials that are thorough and yet brief enough that the subject can be covered in a three- or four- credit course. Each chapter covers an article of the Federal Rules of Evidence. Within the chapters and sections, the materials follow the sequence of the Rules. The Fourth Edition is an update of this popular, concise casebook. It includes the important 2006 decision of the Supreme Court in Davis v. Washington, plus all important recent decisions. These materials are meant to be self-sufficient when accompanied by a current copy of the Rules, and, where appropriate, the rules of a state.
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
As a part of our CasebookPlus offering, you'llreceive the print book along with lifetime digital access to the eBook.Additionally you'll receive 12-month online access to the Learning Librarywhich includes quizzes tied specifically to your book, an outline starter anddigital access to leading study aids in that subject and the Gilbert®Law Dictionary. The included study aids are Administrative Law and Processin a Nutshell, Administrative Law Concepts and Insights and an AdministrativeLaw Concise Hornbook. The redemption code will be shipped to you with the book. Since 2010, the Court has been busy clarifying, expanding, modifying, and redefining fundamental components of administrative law. This new edition presents 13 of these cases and 200 other notes bringing students and faculty up-to-date in this dynamic field. Tucked within the core of the traditional curricular structure are King (the Affordable Care Act),Obergefell (same-sex marriage), Free Enterprise Fund (yet another case on presidential removal power), Canning (recess appointments), Mack Truck (good cause exception),Arlington (the capacity of agencies to define their authority), Stern (on non-Article III courts) and much more. The result is a readable and straightforward casebook, coupled with hundreds of summary boxes and hypotheticals.
This is the only rules pamphlet that concisely and systematically compares the similarities and differences between the Federal Rules of Evidence and California Evidence Code. Each chapter corresponds to an article of the FRE. Each section contains the applicable Rules and corresponding Evidence Code Sections, as well as a concise commentary comparing the two. This edition includes the restyled FRE and the Evidence Code, including their respective Notes and Comments, as well as the deleted Rules and a table indicating where the Rules and Evidence Code Sections are cited in the commentary.
A longtime favorite series among professors and students alike, Examples & Explanations is now available as a Bonus Pack. It's the best of both worlds -- a print copy of Examples & Explanations: Administrative Law, 3rd Ed. for your desk
Receive complimentary lifetime digital access to the eBook with new print purchase. This book offers an introduction to energy law and policy both for students who seek to practice in the field and for those interested in better understanding this fascinating, critical area of law. It introduces the key federal, state, and local government actors that play differing roles in energy controversies and unpacks the multi-jurisdictional approach to energy regulation pervasive in the United States. The book explores the laws and policies governing the extraction, use, and disposal of renewable and non-renewable energy resources and provides in-depth coverage of U.S. regulation of the two major energy systems--electricity and transportation. In doing so, this book breaks away from the traditional approach of looking at energy resources one at a time. Instead, it provides a more holistic view of the field, emphasizing the major themes that run through energy law--regulation of market power, federalism tensions, and the global transition toward cleaner energy. Energy Law and Policy contains cases, sample statutes and regulations, and pertinent excerpts from energy law and policy experts. These policy-oriented, often empirical materials offer the necessary building blocks for a public law course, particularly one that covers a rapidly transitioning field. The book is organized into three parts that introduce students to the fundamental aspects of the energy sector, energy law, and the most pressing energy topics of the 21st century. The second edition builds on the first edition in a variety of ways: Enhanced coverage of legal and policy issues surrounding energy extraction on federal public lands, including coal, oil, natural gas, wind, and solar; Updated coverage of state policy changes in the areas of rooftop solar, net metering, and renewable portfolio standards; In-depth coverage of new energy-related executive orders, regulations, and policy shifts since the start of the Trump Administration; Greater discussion of energy storage technologies, electric vehicles, electric grid modernization, and cyber-security; Additional coverage of nuclear energy issues, including state subsidies for existing nuclear plants, financial concerns over investments in new nuclear plants, and facility permitting; Excerpts of new Supreme Court and federal lower court decisions on contemporary electricity policy issues, including demand response, capacity procurements, and electric transmission line planning; New developments in state regulation of hydraulic fracturing technologies; and Coverage of recent disputes over controversial energy transportation projects such as oil pipelines, natural gas pipelines, and liquefied natural gas export facilities.
The Eleventh Edition of this popular casebook provides a framework for studying both the essential and the cutting-edge issues of civil procedure while incorporating problems that test doctrinal understanding, foster case reading skills, and encourage a sense of litigation strategy. New Supreme Court cases have been integrated that impact personal jurisdiction (McIntyre, Goodyear), subject-matter jurisdiction (Grable, Gunn), pleading (Twombly, Iqbal), joinder (Pimentel), class actions (Dukes), and other important topics, including statutory changes such as the Jurisdiction Clarification Act. The casebook covers all of the major topics that a professor might wish to teach in a first-year course, and can easily be adapted for courses of one- or two-semesters, of different credit hours, and with varied practical or theoretical emphases. A supplement includes all updated Federal Rules, the pleadings in Twombly and Iqbal, a model case file, state materials, and other important teaching tools.
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.
Practice makes perfect! Friedman's Practice Series helps you develop the skills for spotting issues and preparing A+ answers for your next exam. Real laws school exams test your knowledge of the key concepts and rules with a collection of essay and multiple-choice questions. Set up to mirror actual exams, the series features long essay questions as well as some that are relatively short and medium-length, giving you great practice in the length and variation of questions on the final. Friedman's is one of the only series to fully emulate complete essay examinations - they are as close to actual exam-questions that you can find. And as Friedman's texts are compiled by professors who wrote the exams, you get sound advice as well as keen insight on what instructors look for in grading your answers. Friedman's Practice Series titles test your knowledge with real law school exams. Test your knowledge of key concepts and rules with comprehensive essay and multiple-choice questions. Practice questions of various length prepare you for any exam. Experience actual exams! Get sound advice from the professors who wrote the exams. Find insight into what professors look for when grading.
Unlike most Professional Responsibility books on the market, this book integrates ethical and legal perspectives with the best available empirical literature on the legal profession. It covers all of the basic ethics topics covered in the standard professional responsibility course, but it blends the coverage of doctrine with an in-depth survey of the legal profession. It links legal ethics with materials drawn from other disciplines, especially sociology, economics, and psychology, to help students appreciate actual practice realities and the implications for daily experience. It includes some of the classic cases and materials on professional responsibility and also features up-to-date problems and materials on current issues. This is the only PR book on the market that provides sufficient explanation of basic legal concepts and the operation of the legal system to make it suitable for first-year students. It includes an extensive teachers' manual with sample syllabi, detailed advice about how to teach the materials, written instructions for role-play exercises, and sample exam questions.