Way back in 2005, one of the cosponsors of this blog, the Ad Law Section of the ABA, published A Guide to Judicial Review and Political Review of Federal Agencies , edited by Professors Michael Herz and John F. Duffy and featuring chapters by a murderers’ row of leading administrative law scholars. In addition to providing a handy one-volume summary of judicial review principles, this work included a detailed chapter discussing congressional and executive checks on agency action, notably focusing on the analytic requirements on rulemaking imposed by executive order or statute. And, in case a 250-page summary of all this law is a bit much, the Guide also included a thirty-page excerpt from A Blackletter Statement of Federal Administrative Law, a condensation of administrative law principles painstakingly distilled by the Ad Law Section.
So, suppose circa 2005 you needed a book that included all those basic ad law principles that you feel you ought to remember but that might sometimes slip your mind … The first edition of the Guide had you covered!
But time, along with case law and executive orders and the like, all march on, and 2005 turns out to be a surprisingly long while ago. Not to worry—the Ad Law Section has published a second edition of the Guide , edited by returning alum Professor Herz as well as by Professors Kathryn Watts and Richard Murphy. This new volume includes updates on all the big innovations (up through 2015) in federal administrative law doctrine that came too late for the first edition, including, to name just a few, the Brand X (2005) approach for squaring Chevron and stare decisis, the narrowing of prudential standing marked by Lexmark Intern., Inc. v. Static Control Components (2014), and the new limits and controversies relating to Auer deference discussed in cases such as Christopher v. Smithkline Beecham Corp. (2012). Of course, thanks to the creativity of the courts, this list of updates could be lengthened pretty much indefinitely.
So, whether you need a late gift for Mom, or maybe an early one for Dad, the Ad Law Section has the concise, one-volume summary of the laws and principles governing judicial and political control of agency actions that you have been looking for! You can order the second edition here. (If they have been especially good this year, or especially confused by adjudication and rulemaking, you might also get them A Guide to Federal Agency Adjudication, 2nd ed. , by Jeffrey Litwak,and A Guide to Federal Agency Rulemaking, 5th ed. , by Jeffrey Lubbers.)
Here, both by way of further promotion and by way of thanking the chapter authors, is a run-down of the Table of Contents:
Chapter 1: Availability of Judicial Review, by Harold Bruff (Colorado)
Chapter 2: Standing, by William Funk (Lewis & Clark)
Chapter 3: Judicial Review of Statutory Issues under the Chevron Doctrine, by Emily Hammond (George Washington), Elizabeth Garrett (Cornell), and M. Elizabeth Magill (Stanford)
Chapter 4: The Applicability of the Chevron Doctrine—“Chevron Step Zero” by Steven Croley (Michigan) and Richard Murphy (Texas Tech)
Chapter 5: Judicial Review of Statutory Issues Outside of Chevron, by Michael Herz (Cardozo)
Chapter 6: Judicial Review of Nonstatutory Legal Issues, by Harold J. Krent (Chicago-Kent)
Chapter 7: Judicial Review of Issues of Fact, by Ronald M. Levin (Washington University-St. Louis) and Jim Rossi (Vanderbilt)
Chapter 8: Judicial Review of Agency Discretion, by Lisa Schultz Bressman (Vanderbilt) and Glen Staszewski (Michigan State)
Chapter 9: Ancillary Issues Concerning Agency Explanations, by Harold J. Krent (Chicago-Kent)
Chapter 10: Judicial Remedies, by Ronald M. Levin (Washington University-St. Louis)
Chapter 11: Agency Oversight by the Political Branches, by William Funk (Lewis & Clark)
App. A: A Blackletter Statement of Federal Administrative Law, 2nd Ed. (Excerpts), by the Ad Law Section