Administrative Law Theory and Fundamentals: An Integrated Approach Second Edition

Administrative Law Theory and Fundamentals: An Integrated Approach Second Edition 9798887864983

Administrative Law Theory and Fundamentals: An Integrated Approach takes a formalist perspective on administrative law while offering a more nuanced defense of the administrative state compared to other formalist accounts. The text introduces a theory of administrative power that aligns with constitutional text, structure, and both historical and modern practices.

Central to this theory is the distinction between "exclusive" functions, reserved solely for Congress, the President, or the courts, and "nonexclusive" functions, which can be exercised by multiple branches using their respective powers. This framework provides students and scholars with tools to better understand—or critique—administrative concepts such as delegation, quasi-powers, judicial deference, agency adjudications, the multifaceted nature of government power, and broader separation-of-powers principles.

The casebook stands out for its innovative features:

• In-depth discussions and appendices on foundational legislation like the 1852 steamboat statute and the 1887 Interstate Commerce Act.
• Integrated lessons on statutory interpretation tailored to specific cases.
• Online assessment questions accompanying each chapter.
• "Debating" sections that present perspectives from secondary literature on contested doctrines, including judicial deference, unitary executive theory, the due process revolution, universal injunctions, and the emerging major questions doctrine.

The second edition includes substantial updates and organizational improvements:

• New materials on Supreme Court “major questions” cases, with a dedicated section analyzing the doctrine and recent scholarly commentary.
• Updated cases on the appointment and removal of executive officers.
• Expanded discussion on the right to a jury trial, informed by the Fifth Circuit's ruling in Jarkesy v. SEC, which held that monetary penalty enforcement actions by the SEC require a jury trial and an Article III court. (The Supreme Court was reviewing this case as the edition went to press.)
• Reorganized content, such as placing due process materials after Article III discussions and refining the treatment of reviewability.

This casebook’s formalist approach reflects the methodology of the current Supreme Court majority while offering a balanced examination of history, constitutional structure, and the evolving role of administrative agencies. It provides a comprehensive foundation for understanding the complex interplay between law and the administrative state.

Administrative Law Theory and Fundamentals: An Integrated Approach Second Edition 9798887864983