Guide · Administrative Law
Administrative Law: A Comprehensive Guide to Rulemaking, Adjudication, and Judicial Review
5 U.S.C. §§ 551
- Type
- Guide
- Jurisdiction
- National
- Date
- 2024-02-02
- Topic
- Administrative Law
A complete practitioner's treatment of federal administrative law for regulatory counsel, litigators, and anyone who deals with agencies. Parts I through III cover the Administrative Procedure Act's architecture, the rulemaking process from the proposed rule through the final rule and the logical outgrowth requirement, and the exemptions from notice and comment that generate the recurring fight over whether a document is a legislative rule in disguise. Parts IV and V cover agency adjudication, administrative law judges after Lucia, exhaustion, and the guidance and enforcement discretion that shape most agency interaction. Parts VI through IX cover judicial review in detail: the threshold requirements of final agency action, ripeness, standing, and reviewability; the scope of review including arbitrary and capricious analysis under State Farm and its modern applications; statutory interpretation after Loper Bright with Skidmore and Kisor; and the major questions doctrine. Parts X through XIII cover the administrative record, remedies including the unsettled scope of vacatur, the timing and forum decisions changed by Corner Post, Jarkesy, and Axon, and the structural constitutional challenges to agency composition. Part XIV covers the analytical statutes and executive orders, and Part XV is the verification list.
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