Welcome to the web page for Koch, Jordan, and Murphy, Administrative Law: Cases and Materials (6th Edition). We will post new materials as they become available. Typically, these will be the latest decisions from the United States Supreme Court and the Courts of Appeals, Executive Orders and other actions of the Executive Branch, and legislative developments in Congress. Scroll down and you will see that you can quickly find the new material related to each chapter of the book.
Chapter-by-Chapter Updates
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Chapter 1 - Administration: Goals, Powers, and Constitutionality
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p. 48, New note 5.a. to follow CFTC v. Schor-- Abandoning the Schor framework for some non-Article III tribunals (bankruptcy courts) but not others (agencies)?
p.52, New note 9 after CFTC v. Schor
p.84, New note 4.a. to follow Morrison v. Olson – the “principal” vs. “inferior” officer distinction
p. 84, New note 5.a to follow Morrison v. Olson—A major clash over recess appointments
p.86, New note 7 on Free Enterprise Fund
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Chapter 2 - Introduction to Agency Decisionmaking - Matching the Process to the Task
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No new material.
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Chapter 3 - The Process for Making Policy Decisions: Rulemaking
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p. 153, New note 2.a. Do two circuit court decisions indicate a narrowing of rulemaking authority?
p.171, Note 6 after Executive Order 12,866
p. 224, New note 1.a. Second Circuit rejects procedural rule and logical outgrowth claims
p. 244, Note 7 after American Mining Congress
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Chapter 4 - The Process for Individual Decisions: Adjudication
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No new material.
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Chapter 5 - Judicial Review of Agency Action
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At p. 510, new note 7.a. The Supreme Court does not clarify probabilistic injury at all.
p.626, edited opinions from FCC v. Fox Television Stations, Inc. (as supplement to note 7 at 626, which discussed this case)
p.669, New note 13.a. – Justice Kagan on step-two’s relationship to arbitrariness review
p.671, New note 18 to follow Chevron: A “no surprises” on Auer/Seminole Rock deference
At p. 689, new note 8.a. City of Arlington disposes of the “jurisdiction” problem.
p.691, New note 9.a. on how to apply Brand X
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Chapter 6 - Agency Power to Gather Information
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No new material.
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Chapter 7 - Open Government
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No new material.
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