In this new edition, author Steven J. Cann once again enlivens the topic of United States administrative law through the use of recent and “classic” legal cases to make it accessible and interesting to students. Administrative Law, Fourth Edition is an engaging casebook that presents a unique problem-solving framework that contrasts democracy with the administrative state. This novel approach places the often complex subject matter of U.S. administrative law into a more comprehensible context. The Fourth Edition has been completely updated and revised and includes many new cases to reflect changes in the law since the year 2000. Each chapter begins with an interesting case that introduces key concepts followed by a summary of the principles, doctrines, and legal tests used by the courts in that area of administrative law.
New cases in the Fourth Edition include: Norton v. Southern Utah Wilderness Alliance, 2004. President Bush's Secretary of Interior made a decision to allow off-road vehicles in wilderness areas.; Pennsylvania State Police v. Suders, 2004. This is the Supreme Court's most recent sexual harassment case.; Correctional Services Corporation v. Malesko, 2001. Correctional Services Corporation is a private company that contracts with the federal government to run halfway houses. An employee's reckless disregard caused the plaintiff to have another heart attack.; Whitman v. American Trucking Association, 2001. The case involves the EPA's enforcement of the Clean Air Act and is the Supreme Court's most recent delegation of power case.
Administrative Law is an essential tool for those seeking to understand, or obliged to work within, its general principles. It is an excellent textbook for advanced undergraduate and graduate students studying administrative law in departments of political science and public administration.
Chapter 7: Rule Making and Adjudication
Rule Making and Adjudication
Case in Point: “It Depends on What Your Definition of the Word Is Is”
You may have heard this famous quote by President Clinton when he was being deposed by special prosecutors about possible perjury involving his testimony regarding the nature of his relationship with Monica Lewinsky. In the case in point below, the Court must decide what the word has means. Sometimes Congress uses clear language in legislation, and sometimes it does not. Regardless of the clarity of congressional language, agencies will interpret terms used in legislation in their attempts to “faithfully execute the laws” and the courts will be left with reviewing those interpretations.
Probably one of the most important laws passed during the 20th century was the ...