[PDF] The Administrative Process And Substantial Justice eBook

Author : Thomas G. Field
Publisher :
Page : 568 pages
File Size : 14,74 MB
Release : 2004
Category : Law
ISBN :

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This casebook addresses fundamental relationships between Congress, the courts, and an alphabet soup of federal executive agencies. Materials have been selected for inclusion based on the author's experience teaching in a variety ofregulatory areas, as well as administrative process and intellectualproperty, since 1970. Although substantive diversity is unavoidable, this book fosters more attention to process by minimizing it. This book includes a full-text CD. Despite the increasing global significance of intellectual property and the increased domestic importance of the Copyright Office, it and the Patent and Trademark Office (PTO) have traditionally been ignored in administrative law. This book makes it apparent that both are excellent vehicles for exploring traditional process issues because decisions are subject to statutory and nonstatutory, as well as collateral and direct, challenges.

Author : John M. Rogers
Publisher : Aspen Publishing
Page : 1090 pages
File Size : 18,2 MB
Release : 2021-01-31
Category : Law
ISBN : 1543825893

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For instructors who prefer a case-oriented approach, the Fifth 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. Keystone cases introduce important themes and topics. Introductory material and questions following the cases focus students’ reading and stimulate class discussion, while helpful notes facilitate keen understanding of legal doctrines, introduce students to academic responses to judicial decisions and agency practices, and identify recent developments in doctrine and academic study. “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. This flexible, easily teachable text is designed for a 3-unit course, and its self-contained parts can be taught in any order. New to the Fifth Edition: Addition of important, recent U.S. Supreme Court and Circuit Court decisions throughout Extended discussion of “informal” agency adjudication Updated discussion of the nondelegation doctrine and its possible future Recent developments in judicial review, including with Kisor and Chevron deference and standing Professors and students will benefit from: Notes and discussion materials addressing contemporary issues in Administrative Law, including: due process in the administrative setting formalities of administrative rulemaking and adjudication benefits and costs of agency adjudication and rulemaking modification of agency interpretations and interpretive rulemaking delegation of authority to agencies and private entities political influence on agency policy justiciability and judicial deference Lightly-edited cases, similar to reading entire opinions, including facts, content, full analyses, and citations Flexible, teachable text, designed for a 3-unit course with modular sections that allow for easy reshuffling of materials Helpful Notes crafted to enrich students’ understanding of legal doctrines, introduce important themes and topics, and identify possible future developments to theory and doctrine. “Theory Applied” problems and capstone cases that allow systemic review and integration of major concepts Up-to-Date content that includes coverage of important new developments in administrative practice, including recent Executive Orders that attempt to further centralize control of policy-making in the White House. Coverage of contemporary separation of powers problems and controversies affecting the administrative state, including comprehensive treatment of the Vacancies Reform Act.

Author : Jamelle C Sharpe
Publisher : Aspen Publishing
Page : 1188 pages
File Size : 47,8 MB
Release : 2024-02-28
Category : Law
ISBN :

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Buy a new version of this textbook and receive access to the Connected eBook with Study Center on Casebook Connect, including lifetime access to the online ebook with highlight, annotation, and search capabilities. Access also includes practice questions, an outline tool, and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Through thoughtful organization, careful material selection, and hundreds of practice questions, Administrative Law: A Lifecycle Approach, by Dean Jamelle C. Sharpe, trains students to thoroughly understand the law and theory underpinning the modern administrative state. At its core, administrative law is a process-driven course. Nevertheless, traditional casebooks are organized around legal concepts and doctrines rather than the basic stages of administrative decision-making. This casebook improves on the traditional model by following the major steps in the administrative process, thereby providing students with ample grounding in the law and practice governing it. In addition to featuring seminal administrative law decisions, Administrative Law: A Lifecycle Approach incorporates a variety of agency-oriented materials--government reports, charts, diagrams, orders--that give students a fuller sense of how the administrative state's organization and operations. These carefully edited materials model how skilled jurists and administrative lawyers go about their work, how legal problems with that work arise, and how administrative, judicial, and political processes have developed to address them. Critically, this casebook also provides numerous opportunities for guided review, synthesis, analysis, and application of salient legal concepts to facilitate student learning. Dozens of questions, as many or more than any other casebook on the market, place students in the position of lawyers tasked with navigating the administrative landscape. New to the Second Edition: Updated cases. Updated developments in regulatory policy and practices. Professors and students will benefit from: In comparison with casebooks that focus almost exclusively on appellate decisions from Article III courts, this book emphasizes the lifecycle of the administrative decision-making process to place the legal doctrines typically covered by the administrative law course in a clearer practical context. Examples of agency work product and descriptions of agency organization and operations are strategically placed throughout the book. The book also provides explanatory introductions to most topics and describes basic and recurring fact patterns that lawyers encounter when dealing with the issues of administrative law and policy. Most administrative law casebooks are comprised almost entirely of the most unusual or factually complex cases. While there is certainly value in asking students to wrestle with such cases, Administrative Law: A Lifecycle Approach substitutes them for more readily accessible materials of equal or greater instructional value. Where the inclusion of complex cases is unavoidable--as is the case with several seminal decisions-- this casebook provides introductory explanations to give students much needed guidance on their meaning and key concepts. Additionally, Administrative Law: A Lifecycle Approach includes other agency-oriented materials--reports, charts, diagrams, opinions--to give students a fuller, unmediated sense of administrative work product. Administrative Law: A Lifecycle Approach also takes a different approach to questions. The questions in traditional casebooks typically focus on issues that are tangential to the materials they follow, or pinpoint conceptual knots that academics spend their careers attempting to unravel. Inspired by Bloom's Taxonomy, the questions in Administrative Law: A Lifecycle Approach focus instead on testing, reinforcing, and extending students' understanding of the administrative law and concepts featured throughout the book. It accordingly provides numerous problems that prompt students to apply what they have learned and to produce the types of analysis expected of skilled administrative lawyers.

Author : Ronald A. Cass
Publisher : Aspen Publishing
Page : 1379 pages
File Size : 38,79 MB
Release : 2020-02-02
Category : Law
ISBN : 1454848588

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Administrative Law: Cases and Materials is the product of a longstanding collaboration by a distinguished group of authors, each with extensive experience in the teaching, scholarship, and practice of administrative law. The Eighth Edition preserves the book’s distinctive features of functional organization and extensive use of case studies, with no sacrifice in doctrinal comprehensiveness or currency. By organizing over half of the book under the generic administrative functions of policymaking, adjudication, enforcement, and licensing, the book illuminates the common features of diverse administrative practices and the interconnection of otherwise disparate doctrines. Scattered throughout the book, case studies present leading judicial decisions in their political, legal, institutional, and technical context, thereby providing the reader with a much fuller sense of the reality of administrative practice and the important policy implications of seemingly technical legal doctrines. At the same time, the Eighth Edition fully captures the headline-grabbing nature of federal administrative practice in today’s politically divided world. New to the Eighth Edition: New insight into the thinking of the Supreme Court’s newest Justices on crucial separation-of-powers questions (especially in excerpts from the Gundy, Kisor, and PHH cases) Multiple excerpts from the controversial citizenship-question Census case Excerpts of judicial responses to Trump Administration initiatives in immigration and environmental law Multiple excerpts from the DAPA case (Texas v. US), as a platform for considering the fate of the DACA program and other immigration controversies Comprehensive updates of materials on Chevron deference, arbitrary-capricious review, substantial evidence review, reviewability of agency action, the appointment and supervision of ALJs, and presidential oversight of rulemaking Professors and students will benefit from: The “case study” approach that illuminates the background policy and organizational context of many leading cases. The functional organization of materials in Part Two which enable instructors to show how doctrinal issues are shaped by functional context. Theoretical materials presented at the beginning of the book that provide a useful template for probing issues throughout the course. A text that is designed to be easily adaptable for use as an advanced course and in schools that have a first-year Legislation and Regulation course. Units that are organized so that many class sessions can focus on a single leading case, reducing the problem of “factual overload” that characterizes many administrative law courses. The case study approach that helps students understand the context within which doctrinal issues arise and the way in which those issues affect important matters of public policy. Reorganization of Part Two to convey a deeper understanding of the characteristic functions performed by administrative agencies.

Author : American Bar Association. House of Delegates
Publisher : American Bar Association
Page : 216 pages
File Size : 42,26 MB
Release : 2007
Category : Law
ISBN : 9781590318737

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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Author : Jamelle C. Sharpe
Publisher : Aspen Publishing
Page : 1373 pages
File Size : 23,52 MB
Release : 2024-02-28
Category : Law
ISBN :

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Through thoughtful organization, careful material selection, and hundreds of practice questions, Administrative Law: A Lifecycle Approach, by Dean Jamelle C. Sharpe, trains students to thoroughly understand the law and theory underpinning the modern administrative state. At its core, administrative law is a process-driven course. Nevertheless, traditional casebooks are organized around legal concepts and doctrines rather than the basic stages of administrative decision-making. This casebook improves on the traditional model by following the major steps in the administrative process, thereby providing students with ample grounding in the law and practice governing it. In addition to featuring seminal administrative law decisions, Administrative Law: A Lifecycle Approach incorporates a variety of agency-oriented materials—government reports, charts, diagrams, orders—that give students a fuller sense of how the administrative state’s organization and operations. These carefully edited materials model how skilled jurists and administrative lawyers go about their work, how legal problems with that work arise, and how administrative, judicial, and political processes have developed to address them. Critically, this casebook also provides numerous opportunities for guided review, synthesis, analysis, and application of salient legal concepts to facilitate student learning. Dozens of questions, as many or more than any other casebook on the market, place students in the position of lawyers tasked with navigating the administrative landscape. New to the Second Edition: Updated cases. Updated developments in regulatory policy and practices. Professors and students will benefit from: In comparison with casebooks that focus almost exclusively on appellate decisions from Article III courts, this book emphasizes the lifecycle of the administrative decision-making process to place the legal doctrines typically covered by the administrative law course in a clearer practical context. Examples of agency work product and descriptions of agency organization and operations are strategically placed throughout the book. The book also provides explanatory introductions to most topics and describes basic and recurring fact patterns that lawyers encounter when dealing with the issues of administrative law and policy. Most administrative law casebooks are comprised almost entirely of the most unusual or factually complex cases. While there is certainly value in asking students to wrestle with such cases, Administrative Law: A Lifecycle Approach substitutes them for more readily accessible materials of equal or greater instructional value. Where the inclusion of complex cases is unavoidable—as is the case with several seminal decisions— this casebook provides introductory explanations to give students much needed guidance on their meaning and key concepts. Additionally, Administrative Law: A Lifecycle Approach includes other agency-oriented materials—reports, charts, diagrams, opinions—to give students a fuller, unmediated sense of administrative work product. Administrative Law: A Lifecycle Approach also takes a different approach to questions. The questions in traditional casebooks typically focus on issues that are tangential to the materials they follow, or pinpoint conceptual knots that academics spend their careers attempting to unravel. Inspired by Bloom’s Taxonomy, the questions in Administrative Law: A Lifecycle Approach focus instead on testing, reinforcing, and extending students’ understanding of the administrative law and concepts featured throughout the book. It accordingly provides numerous problems that prompt students to apply what they have learned and to produce the types of analysis expected of skilled administrative lawyers.