Book Review: Loper Bright in Ad Law Casebooks

As Loper Bright continues to work its way through the courts, it’s also been rapidly added to administrative law casebooks across the country. University of Arizona – James E. Rogers College of Law Professors Shalev Gad Roisman and Oren Tamir had a novel idea to do a book review of how Loper, and other new administrative law cases, are being treated in casebooks.

They “review the supplements to twelve of the leading administrative law casebooks issued at the end of the Supreme Court 2023 Term, which culminated in blockbuster decisions in Corner Post, Jarkesy, and Loper Bright.” 

From the Abstract

They find that:

As gleaned through the supplements, the field of administrative law is presently caught in an overly polarized reaction to the Roberts Court Revolution and the preexisting status quo—of either being for the Roberts Court Revolution and against what preceded it or against the Roberts Court Revolution and for what preceded it. Because of this dynamic, we argue that the supplements and casebooks do not yet do a sufficiently good job of enabling administrative lawyers to imagine a new and different administrative law future, a future that lies beyond either the Roberts Court Revolution or what preceded it.

Pictures of a Revolution: Administrative Law in a Time of Change, 123 Michigan Law Review 1105 (2025).