Pairings for Popper, McKee Savitz, Varona & Niles, Administrative Law: A Contemporary Approach (5th ed. 2025)
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 1 — The Origins and Basics of Administrative Law
Sections I–IV: Overview, Arguments For and Against Agency Governance, Privatization
→ Why We Need the Administrative State — covers the policy rationale for the administrative state and the standard criticisms, pairing with Sections II–IV.
Section V: Londoner and Bi-Metallic
→ Rulemaking vs. Adjudication — covers the Londoner/Bi-Metallic distinction and its downstream procedural consequences.
Section VI: The Administrative Procedure Act
→ Notice and Comment Rulemaking — covers the APA’s § 553 process in plain language.
→ The Adjudication Spectrum — covers the APA’s adjudication framework and where different proceedings fall on the formal-to-informal spectrum.
Chapter 2 — Executive and Congressional Power
Section I: Independent or Executive? (Myers through Seila Law and CFPB II)
→ Independent vs. Executive Agencies — covers the structural distinction.
→ The Removal Power — covers the doctrinal arc from Myers through Seila Law.
→ Trump v. Slaughter Explained: The Case That Ended Independent Agencies — brings the Humphrey’s Executor line into 2026, which the casebook’s coverage anticipates but cannot fully address.
Section II: Limits on Presidential Power (OIRA, Budget, Emoluments, Immigration)
→ Two Executive Orders, Two Very Different Days in Court: Birthright Citizenship and Mail Voting — current application of how presidential power is tested through agencies in 2025–26.
Section III: Legal Drafting and the Delegation Doctrine
→ 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 of delegation and why Congress delegates in the first place.
Section IV: Congressional Intent v. Congressional Text (King v. Burwell)
→ The Major Questions Doctrine Explained — covers King v. Burwell as a major-questions precursor and the development of the doctrine through West Virginia v. EPA and Biden v. Nebraska.
Section VI: Expansion of Agency Power and Delegation (Brown & Williamson, City of Arlington, Utility Air)
→ The Major Questions Doctrine Explained — covers the Brown & Williamson lineage.
→ The Supreme Court’s Tariff Ruling Explained — the 2026 application of major-questions reasoning to IEEPA tariffs.
Section VIII: The 7th Amendment in Agency Enforcement (Jarkesy, Schor, Stern, Oil States)
→ Can a Federal Agency Fine You Without a Jury Trial? — covers Jarkesy’s holding and its doctrinal context.
→ Jarkesy Jumps to the FTC: Intuit v. FTC Explained — covers the first major extension of Jarkesy beyond the SEC.
Chapter 3 — Basic Tools of Administrative Law: Rulemaking
Sections I–III: Need for Rules, Nature and Substance of Rules, Formal Rulemaking
→ Notice and Comment Rulemaking — covers rulemaking as a category and the formal/informal distinction that Florida East Coast decided.
Section IV.A–B: Informal Rules and Notice-and-Comment Requirements
→ Notice and Comment Rulemaking — covers the § 553 requirements and the “logical outgrowth” test.
Section IV.C: Good Cause Exception (including Corner Post)
→ Corner Post and Regulatory Finality — covers Corner Post’s holding and its dramatic expansion of the APA statute of limitations.
Section IV.D: Rulemaking, Records, and Review (Morton v. Ruiz, State Farm, DACA, Ohio v. EPA)
→ The Administrative Record Explained: What the Judge Is Allowed to Look At — covers what the administrative record is and how the census case (Dept. of Commerce v. New York) tested its boundaries.
Chapter 4 — Basic Tools of Administrative Law: Adjudication
Section I: Overview of the Adjudicatory Process
→ The Lifecycle of an Administrative Case — walks through an administrative adjudication from start to finish.
→ The Adjudication Spectrum — covers when a formal hearing is required and what “formal” means.
Section II.A: From Right/Privilege to Liberty/Property (Goldberg, Thuraissigiam)
→ Due Process Explained — covers the shift from the right/privilege distinction to the modern due process framework.
→ Due Process, Habeas Corpus, and Immigration Right Now — applies due process doctrine to current immigration enforcement, including Thuraissigiam’s procedural implications.
Section II.B: Liberty and Property Defined and Refined (Roth, Sindermann)
→ Property Interests and What Counts as “Property” — covers Roth and Sindermann and the “entitlements” framework.
Section II.C: What Process Is Due? (Mathews, Loudermill)
→ The Mathews Balancing Test Explained — walks through the three-part test and its application.
Section VI: Evidence in Adjudicatory Proceedings (Richardson v. Perales, Biestek)
→ Why Two Identical Disability Cases Can Have Opposite Outcomes — covers the practical realities of evidence and credibility determinations in agency adjudication.
→ How Social Security Disability Hearings Work — provides the procedural context for Richardson and Biestek.
Section VII: Basic Agency Obligations (Overton Park, Nova Scotia, LTV)
→ The Administrative Record Explained — covers Overton Park’s record-review framework.
Chapter 5 — Standing, Finality, and Related Judicial Review Prerequisites
Section I: Standing (Lujan, Summers, Patchak, Lexmark)
→ Standing Explained: Why the Crocodile Case Decides Who Can Sue a Federal Agency — covers Lujan and the modern three-part standing framework.
→ When “I Want to Look at the White House” Isn’t Enough: The Ballroom Standing Ruling — current application of standing to a 2025 Supreme Court case.
Section II: Redressability (Simon, Johnson v. Becerra, Duke Power, Bennett v. Spear)
→ Standing Explained — covers redressability as the third prong.
Section III: Finality (Home Builders, Abbott, Toilet Goods, Hawkes)
→ Finality Explained: When Has the Agency Actually Done Something You Can Sue About? — covers Bennett v. Spear’s two-part test and Sackett’s application.
Chapter 6 — Judicial Review: Changing Roles, Criteria, Process
Section I: Historic Limitations (Vermont Yankee)
→ Judicial Review of Agency Action: The Machinery Behind What Everyone Calls Error Correction — covers the architecture of APA § 706 review and what Vermont Yankee limits.
Section II–III: Deference, Chevron, Loper Bright
→ Chevron, Skidmore, and Loper Bright: How Courts Review Agency Decisions — the core three-episode arc covering the entire deference doctrine from origins through the end of Chevron in 2024.
Section IV.A: The Major Questions Doctrine (West Virginia v. EPA, Biden v. Nebraska)
→ The Major Questions Doctrine Explained — covers West Virginia v. EPA and the MQD’s current scope.
→ The Supreme Court’s Tariff Ruling Explained — current MQD application to presidential tariffs.
Section V: Skidmore Deference (Mead, De La Mota)
→ Chevron, Skidmore, and Loper Bright — covers Skidmore and the Mead “step zero” framework.
Section VIII: Preclusion of Judicial Review (Bowen v. Michigan Academy, Block, Lincoln v. Vigil, Webster)
→ Scope Limits Explained: When Courts Won’t Review Agency Action at All — covers statutory preclusion and the “committed to agency discretion” exception.
Section IX: Review of Agency Inaction (Heckler v. Chaney)
→ Scope Limits Explained — covers Chaney’s presumption of unreviewability for enforcement decisions and the Adams v. Richardson abdication exception.
Section X: Extraordinary Remedies (Massachusetts v. EPA)
→ Scope Limits Explained — covers Massachusetts v. EPA as the exception that proves the Chaney rule.
Section XI: Retroactive Agency Action (Chenery, Bowen v. Georgetown)
→ Agency Control of Adjudication — covers the Chenery doctrine and how agencies control decision-making processes.
Chapter 7 — Judicial Review of Adjudication
Opening: Jarkesy
→ Can a Federal Agency Fine You Without a Jury Trial? — covers Jarkesy’s doctrinal foundations.
Section I: Exhaustion (McCarthy, Darby)
→ Ripeness, Exhaustion, and Mootness Explained — covers all three timing doctrines together.
Section II: Judicial Review Standards for Adjudication (Universal Camera, Hearst, Penasquitos, Cardoza-Fonseca)
→ Judicial Review of Agency Action — covers substantial evidence review and the standards for reviewing factual findings in adjudication.
Chapter 8 — Administrative Judging
Section I: The Decisionmakers (Morgan, Nash, Wong Yang Sung)
→ Who Decides: ALJs vs. Non-ALJs — covers the institutional distinction between ALJs and other agency adjudicators.
→ Why the Same Disability Claim Can Win or Lose Depending on Which Judge You Draw — covers variation in ALJ decision-making and what accounts for it.
Section II: Separation of Functions (Withrow)
→ When the Agency Reviews Itself: How Internal Appeals Actually Work — covers the institutional separation-of-functions doctrine in practice.
Section III: Conflict of Interest, Recusal, Prejudgment (Cheney, Schweiker)
→ Agency Control of Adjudication — covers the mechanisms by which agencies maintain decisional independence (and the doctrines that limit it).
Chapter 9 — Administrative Process in Specific Fields
Section II: Detention, Immigration, and Administrative Hearings (Hamdi)
→ How Immigration Adjudication Actually Works — covers the structure of the immigration adjudication system.
→ When a Judge Is Told to Reverse Her Own Decisions: The Annandale Immigration Court Case — covers the ongoing Accardi doctrine litigation in immigration court.
→ Mullin v. Doe: Immigration Procedures Unenforceable — covers the 2026 Supreme Court case on enforcement of agency procedures.
→ Due Process, Habeas Corpus, and Immigration Right Now — current application of due process and habeas doctrines.
Section III: Social Security–adjacent Due Process (DeShaney, Castle Rock)
→ Property Interests and What Counts as “Property” — covers the entitlements question that drives both DeShaney and Castle Rock.
Chapter 10 — FOIA and the Government in the Sunshine Act
The podcast doesn’t yet have a dedicated FOIA episode. The Administrative Record Explained page touches on FOIA Exemption 5 and the deliberative process privilege, which is responsive to Chapter 10 Section IV (The Exemptions). A full FOIA episode is on the production roadmap.
Notes on gaps
The casebook covers four areas the podcast hasn’t yet addressed in depth:
- Statutory interpretation theory (textualism, purposivism, dynamic interpretation) — the podcast treats these as background rather than as freestanding topics.
- Fourth Amendment and administrative searches — Chapter 9 Section VI (Camara, Marshall v. Barlow’s, Donovan v. Dewey) has no current podcast coverage.
- Public employment and school discipline due process (Arnett, Goss, Ingraham) — treated briefly in the Due Process episode but not in depth.
- FOIA mechanics — no dedicated coverage yet.
