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

Chapter 1 - Administration: Goals, Powers, and Constitutionality

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, following note 5 after Morrison v. Olson— revised note 5.a. - Supreme Court resolves clash over recess appointments

p.86, New note 7 on Free Enterprise Fund

Chapter 2 - Introduction to Agency Decisionmaking - Matching the Process to the Task

No new material.

Chapter 3 - The Process for Making Policy Decisions: Rulemaking

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

Chapter 4 - The Process for Individual Decisions: Adjudication

No new material.

Chapter 5 - Judicial Review of Agency Action

At p. 510, new note 7.a. The Supreme Court does not clarify probabilistic injury at all.

At bottom of p.523, new note 5 on narrowing of prudential standing.

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

Chapter 6 - Agency Power to Gather Information

No new material.

Chapter 7 - Open Government

No new material.