Few fields are more in need of fresh thinking than administrative law. The author of "Administrative Law Theory and Fundamentals: An Integrated Approach", a new casebook recently published by Foundation Press, seeks to provide such thinking. The new casebook proposes a theory of administrative power that better explains constitutional text and structure, as well as historical and modern practice, than competing accounts. It argues that there are “exclusive” powers that only Congress, the president, and the courts can respectively exercise, but also "nonexclusive” powers that can be exercised by more than one branch. This theory of "nonexclusive powers” allows students and scholars of administrative law to make more sense of—or better critiques of—administrative concepts such as delegation, quasi-powers, judicial deference, agency adjudications, the chameleon-like quality of government power, and of the separation of powers more broadly.

Featuring:

- Prof. Ilan Wurman, Sandra Day O'Connor College of Law at Arizona State University

- Prof. Richard A. Epstein, Laurence A. Tisch Professor of Law and Director, Classical Liberal Institute, New York University School of Law

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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

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