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Author : Stanley D. Hotop
Publisher : Unknown
Page : 755 pages
File Size : 48,9 Mb
Release : 1979
Category : Judicial review of administrative acts
ISBN : 0455198497
Author : Chr Backes,Mariolina Eliantonio
Publisher : Hart Publishing
Page : 0 pages
File Size : 44,9 Mb
Release : 2020
Category : Electronic
ISBN : 1509938133
Author : Chris Backes,Mariolina Eliantonio
Publisher : Bloomsbury Publishing
Page : 1031 pages
File Size : 49,8 Mb
Release : 2019-08-08
Category : Law
ISBN : 9781509921485
This casebook studies the law governing judicial review of administrative action. It examines the foundations and the organisation of judicial review, the types of administrative action, and corresponding kinds of review and access to court. Significant attention is also devoted to the conduct of the court proceedings, the grounds for review, and the standard of review and the remedies available in judicial review cases. The relevant rules and case law of Germany, England and Wales, France and the Netherlands are analysed and compared. The similarities and differences between the legal systems are highlighted. The impact of the jurisprudence of the European Court of Human Rights is considered, as well as the influence of EU legislative initiatives and the case law of the Court of Justice of the European Union, in the legal systems examined. Furthermore, the system of judicial review of administrative action before the European courts is studied and compared to that of the national legal systems. During the last decade, the growing influence of EU law on national procedural law has been increasingly recognised. However, the way in which national systems of judicial review address the requirements imposed by EU law differs substantially. The casebook compares the primary sources (legislation, case law etc) of the legal systems covered, and explores their differences and similarities: this examination reveals to what extent a ius commune of judicial review of administrative action is developing.
Author : Daniel J. Gifford
Publisher : Unknown
Page : 0 pages
File Size : 51,7 Mb
Release : 2010
Category : Administrative law
ISBN : 1422476871
With this new edition, Administrative Law: Cases and Materials continues to present the complex substance of administrative law in a format that is both intellectually satisfying and easily understandable. Prior to publication the book was used at the University of Minnesota where the students found administrative law to be both an exciting and rewarding endeavor. In addition to carefully examining current law, students will become familiar with the relevant historical perspectives so necessary to appreciate the dynamics of today's law. They will become familiar with the so-called progressive movement and its regulatory offspring, the independent agency, with the New Deal regulatory agenda, with the post-World War II consensus embodying the Administrative Procedure Act, with the problem of capture, with aggressive modes of judicial review in response, with the problem ossification of rule-making, and with an array of judicial reinterpretations of settled precedents. This focus on doctrinal coherence and historical background provides a rich intellectual experience. This new Second Edition also: Includes new cases through 2010 Term of the Supreme Court, including Free Enterprise Fund v. Public Company Accounting Oversight Board, the latest separation-of-powers decision by the U.S. Supreme Court, and last year's FCC v. Fox Telev. Stations, Inc. gloss on hard-look judicial review; Focuses upon the relationships among various administrative law doctrines, such as the relation between the substantial-evidence and arbitrary-and-capricious review standards and the relations between those review standards and the Chevron/Skidmore deference standards; and Examines split-enforcement agencies such as OSHA establishes as well as analogous structures in the benefit agencies in addition to omnipresent unitary regulatory agency. This book also is available in an alternative loose-leaf version printed on 8.5 x 11 inch paper with wider margins and with the same pagination as the hardbound book.
Author : Ronald A. Cass,Colin S. Diver,Jack M. Beermann,Jody Freeman
Publisher : Aspen Publishing
Page : 1379 pages
File Size : 44,7 Mb
Release : 2020-02-02
Category : Law
ISBN : 9781454848585
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 : Brian Thompson,Michael Gordon
Publisher : Oxford University Press, USA
Page : 737 pages
File Size : 50,8 Mb
Release : 2014
Category : Law
ISBN : 9780199678211
Filling a need for a case and materials book on constitutional and administrative law, this textbook reflects the latest thinking particularly in relation to the European Communities.
Author : Lorne Mitchell Sossin,Colleen Marion Flood
Publisher : Unknown
Page : 607 pages
File Size : 42,6 Mb
Release : 2013
Category : Administrative law
ISBN : 1552394719
Author : David J. Mullan
Publisher : Essentials of Canadian Law
Page : 585 pages
File Size : 40,6 Mb
Release : 2001
Category : Law
ISBN : 155221009X
Administrative law probably touches each of us as citizens in more ways than any other area of law. It is the body of law that ensures that governments (and government officials) deal with us in a manner that is both lawful and fair. It governs the myriad of relationships that we, as citizens, have with our governments at every turn, from our dealings with Revenue Canada, to the application for a municipal building permit. David Mullan is one of Canada's leading scholars in the area of administrative law. His book not only provides a clear overview and analysis of this important field, it also explores the complex issues involved in balancing effective and efficient government with the protection of individual interests and concerns.
Author : Paul Daly
Publisher : Oxford University Press
Page : 321 pages
File Size : 46,7 Mb
Release : 2021
Category : Law
ISBN : 9780192896919
A new framework for understanding contemporary administrative law, through a comparative analysis of case law from Australia, Canada, England, Ireland, and New Zealand. The author argues that the field is structured by four values: individual self-realisation, good administration, electoral legitimacy and decisional autonomy.
Author : S. H. Bailey,Brian L. Jones,Alastair R. Mowbray
Publisher : Sweet & Maxwell
Page : 1196 pages
File Size : 41,5 Mb
Release : 2005
Category : Law
ISBN : 0421900709
Provides a set of commentaries on a contractual history of an oil or gas field, from the initial formation of a consortium to bid on concessions, to the abandonment of the facilities. The book is accompanied by a disk containing precedents, to accompany and illustrate the principles described.
Author : Stephen H. Bailey,C. A. Cross,J. F. Garner
Publisher : Unknown
Page : 635 pages
File Size : 41,7 Mb
Release : 1977
Category : Administrative law
ISBN : OCLC:761091719
Author : Stanley A. De Smith,John Maxwell Evans
Publisher : Unknown
Page : 704 pages
File Size : 54,8 Mb
Release : 1980
Category : Judicial review of administrative acts
ISBN : UCAL:B4160329
Author : Peter L. Strauss,Todd D. Rakoff,Cynthia R. Farina
Publisher : Unknown
Page : 1530 pages
File Size : 41,5 Mb
Release : 2003
Category : Law
ISBN : STANFORD:36105063620004
After defining the constitutional framework for administration, the casebook discusses related topics such as downsizing government, regulators' thirst for information and the Paperwork Reduction Act, Fourth and Fifth Amendment concerns, Freedom of Information Act, and the future of the administrative state. Author forum available at twen.com. A premium Teacher's Manual is available upon request for professors adopting this casebook.
Author : Carl McFarland
Publisher : Unknown
Page : 898 pages
File Size : 51,5 Mb
Release : 1952
Category : Administrative law
ISBN : UOM:39015081939160
Author : Brian Thompson,Michael Gordon
Publisher : Oxford University Press
Page : 745 pages
File Size : 53,9 Mb
Release : 2017
Category : Administrative law
ISBN : 9780198767732
Cases & Materials on Constitutional & Administrative Law provides an essential collection of key primary and secondary materials with incisive commentary from the authors.