Administrative Law and Regulatory Policy: Problems, Text, and Cases, Fifth Edition

Overview

Administrative Law and Regulatory Policy: Problems, Text, and Cases, Fifth Edition, provides a solid foundation to help students master the principles of Administrative Law in an era of change. This renowned casebook retains the strengths that have made it so popular through previous editions:

  • impeccable authorship
  • logical organization that reflects the major components of administrative procedure and reveals...
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Overview

Administrative Law and Regulatory Policy: Problems, Text, and Cases, Fifth Edition, provides a solid foundation to help students master the principles of Administrative Law in an era of change. This renowned casebook retains the strengths that have made it so popular through previous editions:

  • impeccable authorship
  • logical organization that reflects the major components of administrative procedure and reveals the interaction between doctrine and procedure as well as bureaucratic and political factors at work
  • plentiful notes and problems that reinforce the cases and aid in surveying administrative regulation
  • exceptionally insightful historical material on the rise of regulation and the role of the New Deal in changing American government
  • full coverage of the economic aspects of regulatory control, including cost-benefit analysis
  • detailed treatment of the goals and performance of the regulatory state, including regulatory aspirations, successes, and failures, to give students a deep and rich understanding of the subject
  • new information on the regulation of telecommunications
  • detailed new material on important developments regarding the separation of powers, energy policy and the environment, and administrative law issues raised by potential conflicts
  • new case study section on the joint U.S. Supreme Court/D.C. Circuit decision on the nondelegation doctrine in the context of the Clean Air Act unique discussion of the use of cost-benefit analysis in the Bush and Clinton administrations, not covered by any other casebook, and the legal challenges likely to arise in the next decade
  • additional cases (Brown & Williamson, American Trucking) and new developments regarding the Chevron doctrine, the FDA's effort to regulate tobacco, the status of interpretive rules, and the power of the EPA
  • more background information on cases for a fuller exploration of the issues
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Product Details

  • ISBN-13: 9780735524156
  • Publisher: Wolters Kluwer Law & Business
  • Publication date: 3/1/2002
  • Edition description: Older Edition
  • Edition number: 5
  • Pages: 1269
  • Product dimensions: 6.44 (w) x 9.50 (h) x 2.00 (d)

Table of Contents

Table of Abbreviations
Preface to the Fifth Edition
Preface to the First Edition
Acknowledgments
1 Introduction 1
2 The Constitutional Position of the Administrative Agency 37
3 Administrative Discretion, Administrative Substance, and Regulatory Performance 165
4 The Scope of Judicial Review - Questions of Fact, Law, and Policy 227
5 "Common Law" Requirements: Clarity, Consistency, "Fairness" 489
6 Procedural Requirements in Agency Decisionmaking: Rulemaking and Adjudication 641
7 Agency Decisionmaking Structure 887
8 The Availability and Timing of Judicial Review 951
App. A Selected Provisions from the Federal Administrative Procedure Act 1177
App. B Selected Provisions from the Unfunded Mandates Reform Act 1203
App. C Negotiated Rulemaking and Alternative Dispute Resolution Act 1211
Table Correlating Provisions of the Administrative Procedure Act as Presently Codified in 5 U.S.C. and Sections of the Act as Originally Enacted in 1946 1225
Table of Cases 1227
Index 1243
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