Pairings for Strauss, Rakoff, Metzger, Barron, O’Connell & Pasachoff, Gellhorn and Byse’s Administrative Law: Cases and Comments (13th ed. 2023)

A note on scope. These pairings identify Learn pages and podcast episodes that cover material related to each casebook chapter. They are not a substitute for the casebook, and they do not perfectly map onto it. The podcast was designed independently of any particular casebook. In some places it goes deeper than a casebook chapter does, covers the same doctrine from a different angle, or treats current cases the casebook cannot yet include. In others, it does not yet address material the casebook covers in depth — notably statutory interpretation theory, FOIA mechanics, OIRA and regulatory review, and some constitutional-structure questions. A “Notes on gaps” section at the bottom of this page flags what’s missing. Instructors should assign pairings where they’re useful and skip them where they’re not.

For each chapter of the casebook, the Learn pages and podcast episodes below provide plain-language explanations, current-case applications, and audio treatment that pairs with the material. Pairings can be assigned before class to orient students to the doctrine, after class to reinforce it, or as review.

Chapter I — An Introduction to Administrative Law

Section 1: An Introductory Example (Airplane Tarmac Delays)
→ Why We Need the Administrative State — covers the basic question of why we have an administrative state, using concrete examples of problems only agencies can solve.

Section 2: The Basics (FAQ)
→ Why We Need the Administrative State + Delegation of Power Explained — pair for the full FAQ-style foundation.

Section 4: The Tasks of Administrative Law (Historical, Legal, Contemporary Perspectives)
→ Why We Need the Administrative State — covers the historical arc.
→ Trump v. Slaughter Explained — provides the contemporary frame; the 2026 case is the clearest signal of where the Section 4(c) “under siege” debate is now going.

Chapter II — Statutory Interpretation

The podcast doesn’t treat textualism, purposivism, dynamic interpretation, canons of construction, or legislative history as freestanding topics. These are the foundational statutory interpretation moves that the Chevron/Loper Bright arc inherits, but they aren’t the subject of their own episode. See the gap note at the end.

For instructors who want a thin pairing anyway:
Section 2.c: King v. Burwell
→ The Major Questions Doctrine Explained — covers King v. Burwell as the early MQD case that the Court later built on in West Virginia v. EPA.

Chapter III — Procedural Frameworks for Administrative Action

Section 2.a: Londoner/Bi-Metallic Distinction
→ Rulemaking vs. Adjudication — covers the Londoner/Bi-Metallic distinction and its downstream procedural consequences in modern administrative law.

Section 2.b: The Fundamental Statute (the APA)
→ Notice and Comment Rulemaking — the plain-language introduction to the APA’s § 553 process.
→ The Adjudication Spectrum — covers the APA’s adjudication categories and where real agency proceedings fall on the formal-to-informal spectrum.

Section 3: Chenery Decisions (Chenery I & II)
→ Agency Control of Adjudication — covers the Chenery doctrine and the agency’s choice between rulemaking and adjudication.
→ How Agencies Steer Outcomes Without Reversing a Single Decision — same episode, different framing emphasizing the practical mechanics of agency choice.

Chapter IV — Rulemaking

Section 1: Introduction / § 553
→ Notice and Comment Rulemaking — covers the statutory text and the practical reality of modern rulemaking.

Section 2: Formal Rulemaking (Florida East Coast Railway)
→ Rulemaking vs. Adjudication — covers why formal rulemaking essentially died after Florida East Coast.

Section 3: § 553 Notice-and-Comment Requirements (Vermont Yankee, Perdue, Nova Scotia Food)
→ Notice and Comment Rulemaking — covers the notice, comment, and concise-general-statement requirements and the “logical outgrowth” test.

Section 4.a: Good Cause Exception (Mack Trucks, Little Sisters)
→ Notice and Comment Rulemaking — covers the good cause exception and how it has been used and abused.
→ Corner Post and Regulatory Finality — relevant to the downstream litigation question of how long rules remain exposed to challenge.

Section 4.b: The Guidance Exception (American Mining Congress, National Mining Association)
→ Notice and Comment Rulemaking — covers the interpretive rule / policy statement exception and the circuit splits around what counts as “legislative” vs. “interpretive.”

Section 5.c: Negotiated Rulemaking
→ Two Executive Orders, Two Very Different Days in Court: Birthright Citizenship and Mail Voting — covers negotiated rulemaking in context, through the student loan plan’s HEA restart that would have required it.

Section 5.d: Regulatory Planning and Review (EO 12866)
→ The podcast doesn’t yet have dedicated coverage of EO 12866 and OIRA. Noted in the gaps section.

Section 6.a: Ex Parte Contacts in Rulemaking (Home Box Office)
→ The Administrative Record Explained — covers what counts as part of the record and what agencies can lawfully exclude, which is the companion question to ex parte contact rules.

Chapter V — Adjudication

Section 1: Institutional Framework (FTC v. Cement Institute)
→ The Lifecycle of an Administrative Case — walks through an administrative adjudication from start to finish.
→ Who Decides: ALJs vs. Non-ALJs — covers the institutional distinction.

Section 2: Formal Adjudication (Citizens Awareness Network, Ludwig, PATCO)
→ The Adjudication Spectrum — covers what “formal adjudication” means and when it’s triggered.
→ Why the Same Disability Claim Can Win or Lose Depending on Which Judge You Draw — covers ALJ impartiality and variation across adjudicators.
→ When the Agency Reviews Itself: How Internal Appeals Actually Work — covers separation of functions and the integrity of the record on review.

Section 3: Informal Adjudication (Dominion Energy, Olivares)
→ The Adjudication Spectrum — covers the vast territory of informal adjudication that falls outside § 554.

Section 4.a: Due Process Doctrinal Framework (Roth, Sindermann, Mathews)
→ Due Process Explained — covers the shift from the right/privilege distinction to the modern due process framework.
→ Property Interests and What Counts as “Property” — covers Roth and Sindermann and the “entitlements” framework.
→ The Mathews Balancing Test Explained — walks through the three-part test.

Section 4.b: Applications (Kapps, Latif/No-Fly List)
→ The Mathews Balancing Test Explained — covers how courts apply the test to specific due process challenges.
→ Due Process, Habeas Corpus, and Immigration Right Now — current application of the doctrine to immigration enforcement and similar contexts.

Chapter VI — Transparency and the Information Age

The podcast doesn’t yet have dedicated FOIA coverage. The Administrative Record Explained page addresses FOIA Exemption 5 and the deliberative process privilege, which is responsive to Section 3 of this chapter. A full FOIA episode is on the production roadmap.

Chapter VII — Structural Constitution: Agency Relationships with Congress, the President, and the Courts

Section 1: Is the Administrative State Constitutional?
→ Why We Need the Administrative State — covers the policy case for the administrative state alongside the standard constitutional critiques.
→ Trump v. Slaughter Explained — the 2026 case pulls together many of the constitutional challenges listed in Section 1.a (Hamburger, Metzger, Bowie/Renan) into a concrete legal holding.

Section 2.a: Delegation of Regulatory Power (Gundy, Whitman)
→ The Nondelegation Doctrine Explained — covers Panama Refining, Schechter, and the modern revival through Gundy.
→ The Intelligible Principle Explained — covers the test from J.W. Hampton through Whitman v. American Trucking.
→ Delegation of Power Explained — covers the general principle and why Congress delegates.

Section 2.b: Congressional Control of Regulatory Policy (Chadha, Mazars, Bowsher)
→ The podcast doesn’t yet have dedicated coverage of the legislative veto or congressional oversight tools. Noted in gaps.

Section 3.a: Youngstown
→ Two Executive Orders, Two Very Different Days in Court: Birthright Citizenship and Mail Voting — current application of Youngstown-style executive-branch limits, through two 2025–26 executive orders and how they fared.

Section 3.b: Appointment and Removal (Arthrex, Noel Canning, Seila Law, Free Enterprise Fund)
→ Independent vs. Executive Agencies — covers the structural distinction.
→ The Removal Power — covers the doctrinal arc from Myers through Seila Law.
→ Trump v. Slaughter Explained — brings the Humphrey’s Executor line into 2026.

Section 3.c: Presidential Direction of Regulatory Outcomes
→ Two Executive Orders, Two Very Different Days in Court: Birthright Citizenship and Mail Voting — covers presidential directive authority through two recent orders, including the drafting choices that decide when such orders become reviewable.

Section 4: Constitutional Frameworks for Administrative Adjudication (Stern v. Marshall, Schor)
→ Can a Federal Agency Fine You Without a Jury Trial? — covers Jarkesy’s doctrinal foundations and the public rights / private rights distinction.
→ Jarkesy Jumps to the FTC: Intuit v. FTC Explained — covers the first extension of Jarkesy beyond the SEC.

Chapter VIII — Scope of Review of Administrative Action

Section 1: Baseline Norm of Legal Regularity (Shaw’s Supermarkets)
→ Judicial Review of Agency Action — covers the architecture of APA § 706 review and what regular judicial review actually asks.

Section 2.a: Review of Basic Facts (Universal Camera, substantial evidence)
→ Judicial Review of Agency Action — covers substantial evidence review and the standards for reviewing factual findings.

Section 2.b: Review of Reasoning and Judgment (State Farm, FCC v. Fox, Department of Commerce v. New York)
→ The Administrative Record Explained — covers the census case (Dept. of Commerce v. New York) in detail, including the 12,000-page record expansion, the “contrived rationale” holding, and what the Court actually ruled was wrong.
→ Judicial Review of Agency Action — covers the State Farm test and arbitrary-and-capricious review.

Section 3.a: Historical Building Blocks (Hearst, Skidmore)
→ Chevron, Skidmore, and Loper Bright — the three-episode arc covers Skidmore deference and its pre-Chevron role.

Section 3.b: Chevron, the Basics
→ Chevron, Skidmore, and Loper Bright — core coverage of Chevron’s two-step framework, its basis, and its overruling in Loper Bright.

Section 3.c: Chevron and Statutory Interpretation (MCI v. AT&T)
→ Chevron, Skidmore, and Loper Bright — covers the interaction between Chevron and the tools of statutory interpretation.

Section 3.d: Limits on Chevron (Mead, City of Arlington, Massachusetts v. EPA, West Virginia v. EPA, SWANCC)
→ Chevron, Skidmore, and Loper Bright — covers Mead’s step-zero framework.
→ The Major Questions Doctrine Explained — covers West Virginia v. EPA and the MQD’s current scope.
→ The Supreme Court’s Tariff Ruling Explained — current application of MQD reasoning to IEEPA tariffs.

Section 3.e: Agency Interpretations of Agency Regulations (Kisor v. Wilkie)
→ Chevron, Skidmore, and Loper Bright — covers Auer/Kisor deference to agency interpretations of their own regulations.

Chapter IX — Access to Judicial Review: Justiciability

Section 1.a: Basic Standing Framework (Lujan)
→ Standing Explained: Why the Crocodile Case Decides Who Can Sue a Federal Agency — covers Lujan and the modern three-part framework.

Section 1.b: Defining Injury (Akins, TransUnion, Summers)
→ Standing Explained — covers particularized injury, concrete and imminent injury, and procedural rights.
→ When “I Want to Look at the White House” Isn’t Enough: The Ballroom Standing Ruling — current 2025 application of the particularized injury requirement.

Section 1.c: Causation and Redressability (Allen v. Wright)
→ Standing Explained — covers causation and redressability.

Section 1.e: Standing Under the APA (National Credit Union)
→ Standing Explained — covers the zone-of-interests test under the APA.

Section 2.b: Preclusion of Judicial Review (Abbott Labs, Michigan Academy, Block, Webster)
→ Scope Limits Explained: When Courts Won’t Review Agency Action at All — covers the presumption of reviewability, statutory preclusion, and the “committed to agency discretion” exception.

Section 2.b(3): Reviewability of Agency Refusals to Act (Heckler v. Chaney)
→ Scope Limits Explained — covers Chaney’s presumption of unreviewability for enforcement decisions and the Adams v. Richardson abdication exception.

Section 2.c: Timing of Review (Darby, Sackett, Abbott Labs, Toilet Goods)
→ Finality Explained: When Has the Agency Actually Done Something You Can Sue About? — covers Bennett v. Spear’s two-part test and Sackett v. EPA.
→ Ripeness, Exhaustion, and Mootness Explained — covers all three timing doctrines together, including Darby on exhaustion and Abbott Labs on ripeness.

Section 2.d: Remedies (Nationwide Injunctions, Remand Without Vacatur)
→ Two Executive Orders, Two Very Different Days in Court — covers Trump v. CASA and the current remedial landscape for nationwide injunctions, which the casebook’s Section 2.d(1) addresses.
→ The Emergency Docket Explained: How the Supreme Court Decides Cases Before It Decides Them — covers the procedural posture through which nationwide injunctions now typically reach the Supreme Court.


Notes on gaps

The casebook covers five areas the podcast hasn’t yet addressed in depth:

  • Statutory interpretation theory (Chapter II) — textualism, purposivism, canons of construction, and legislative history are treated as background in podcast episodes rather than as standalone topics. This is the biggest gap for pairing purposes.
  • FOIA and transparency (Chapter VI) — no dedicated episode yet. Partially addressed in the Administrative Record page’s treatment of deliberative process privilege.
  • Congressional control tools (Chapter VII, Section 2.b) — legislative veto, appropriations, oversight, and direct control (Chadha, Mazars, Bowsher). No dedicated episode.
  • Regulatory review and OIRA (Chapter IV, Section 5.d) — EO 12866, cost-benefit analysis, the Paperwork Reduction Act. Touched on tangentially but not covered systematically.
  • The Fourth Amendment in administrative searches — not covered in Gellhorn/Byse’s main chapters, but if an instructor supplements with Camara/Barlow’s, no podcast coverage either.