Federal Standards of Review: Review of District Court Decisions and Agency Actions explains the standards controlling appellate review of district court decisions and agency actions, as well as the key statutes and rules governing appellate practice. A useful resource for any attorney practicing in the federal system, this title also:
- Describes the doctrinal frameworks informing the various standards of review
- Treats separately review of district court decisions and agency actions, highlighting the fundamental differences in their decision making
- Analyzes standards under the Administrative Procedure Act
- Discusses the deference due an agency's construction of its authorizing statute pursuant to Chevron and its progeny
- Focuses on the seminal Supreme Court decisions interpreting and applying the relevant statues, rules, and standards
- Provides an overview of directions taken by various circuits on issues not yet resolved by the Supreme Court
The coverage, organization, and formatting of the third edition largely follow the design of its predecessor. However, the substantive materials have been significantly overhauled. The third edition includes a wealth of new and reorganized information, including:
- Extensive revisions to the sections covering subject matter jurisdiction and standing
- Revised sections on harmless error and abuse of discretion
- A new introduction to the chapters on judicial review of agency action and important revisions to those chapters
- Amplification of the caselaw covering judicial deference to agency interpretations of their own regulations
- A new chapter on the law governing the deference owed agency actions under the Supreme Court's seminal Chevron decision, including a discussion of the so-called “major questions” doctrine
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