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Federal Standards of Review: Review of District Court Decisions and Agency Actions, 3d

Product details:

Format: Book - softbound
Brand: Thomson West
Copyright: 2018
ISBN: 9781539229681
Service #: 40686268
Sub #: 40686269
Pages: 354
Shelf Space: 1 in.
Publication frequency: Updated as changes in the law dictate
Update method: No updating

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Federal Standards of Review: Review of District Court Decisions and Agency Actions, 3d



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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


  • This essential volume deserves a place on every appellate lawyer’s bookshelf. It comprehensively answers the first, and often the most important, question in every appellate case. The Third Edition provides up-to-date answers on even the most esoteric questions and deserves consultation, if not citation, in every appeal.

    – Paul D. Clement, Partner, Kirkland & Ellis LLP, Washington, D.C., and former Solicitor General of the United States

  • I thought the second edition would never leave my bookshelf, even as it became seriously dog-eared from use, but I now happily have replaced it with the third edition and already have started putting it to good use as the first step whenever a new judicial or appellate problem lands on my desk.

    – Carter G. Phillips, Partner and Chairman of the Executive Committee, Sidley Austin LLP, Washington, D.C.

  • Many – perhaps most – federal appeals are won or lost on standards of review. Yet too many lawyers pay too little attention to standards of review when developing their appellate strategy. Federal Standards of Review is a crisp, clear, accessible roadmap through even the thorniest aspects of federal appellate review of trial court and agency decisions.

    – Cate Stetson, Partner, and Co-Director of Appellate Practice Group, Hogan Lovells, Washington, D.C.

  • This important book is the indispensable guide to the standards of review that undergird all appellate and administrative law. Reflecting the unique judicial, academic, and practice experience of Harry Edwards and Linda Elliott, this now standard work offers both clear guidance and unifying logic to make sense of the law. It should be required reading for professors, students, and practitioners alike.

    – Noah R. Feldman, Felix Frankfurter Professor of Law, Harvard Law School

  • Like earlier editions, the third edition of this book is superb and invaluable. It provides a clear, comprehensive treatment about a crucial aspect of every appellate case: the standard of review. The book is above my desk and I've used it on countless occasions. It fills a huge gap in the literature and is one that every appellate law clerk, judge, and lawyer should own.

    – Erwin Chemerinsky, Dean and Jesse H. Choper Distinguished Professor of Law, UC Berkeley School of Law

  • This already essential treatise has become even more so. The third edition takes stock of all the changes and helps the reader understand even the most complicated administrative law doctrines, including the current state of Chevron and its carve-outs and the review of policy statements and interpretive rules.

    – Rachel E. Barkow, Vice Dean and Segal Family Professor of Regulatory Law and Policy, New York University School of Law

  • Like the authoritative previous editions, the new third edition lends astonishing practical clarity and logic to an increasingly complicated landscape. All will be extremely well served by the mastery the authors share in this impeccably organized volume.

    – Jeannie Suk Gersen, John H. Watson, Jr. Professor of Law at Harvard Law School