Administrative Law and Regulatory Policy: Problems, Text, and Cases [Connected eBook with Study Center]

by Stephen G. Breyer, Richard B. Stewart, Cass R. Sunstein, Adrian Vermeule, Michael Herz

Overview

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The ninth edition of this classic casebook Administrative Law and Regulatory Policy: Problems, Text, and Cases is streamlined and updated while retaining the previous editions’ rigor, comprehensiveness, and contextual approach.

Outstanding authorship, rich and varied materials, and comprehensive coverage remain the hallmarks of the ninth edition of the acclaimed Administrative Law and Regulatory Policy: Problems, Text, and Cases. Administrative procedure is examined in the context of substantive policy debates regarding regulation in a wide range of areas. Extensive notes, questions, and problems support thoughtful reading and analysis. The presentation acknowledges complexity and contradictions in the material while still providing explanations and guideposts along the way. Problems interspersed throughout provide an opportunity to explore the doctrine in more depth and test one’s understanding of it.

New to the Ninth Edition:

• A thorough updating of cases, notes, and questions
• A more streamlined and user-friendly presentation. Despite significant additions, the 9th edition is shorter than the 8th.
• Inclusion of important recent judicial decisions, including
  • Gundy v. United States, 139 S. Ct. 2116 (2019) (nondelegation)
  • Lucia v. SEC, 138 S. Ct. 2044 (2018) (officers of the U.S.)
  • Seila Law LLC v. CFPB, 140 S. Ct. 2183 (2020) (president’s removal authority)
  • Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, 138 S. Ct. 1365 (2018) (agency adjudication)
  • Kisor v. Wilkie, 139 S. Ct. 2400 (2019) (deference to an agency’s interpretation of its own regulation)
  • DHS v. Regents of the University of California, 140 S. Ct. 1891 (2020) (DACA rescission)
  • Department of Commerce v. State of New York, 139 S. Ct. 2551 (2019) (pretextual justifications and arbitrary and capricious review)
  • Little Sisters of the Poor v. Pennsylvania, 140 S. Ct. 2367 (2020) (interim final rulemaking)

   

Professors and students will benefit from:

• Thorough coverage of the processes of agency rulemaking and adjudication
• Illuminating discussion of doctrines that may be on the cusp of major change, including Chevron deference, Auer deference, and the nondelegation doctrine
• Attention to the underlying justifications for, and possible criticisms of, the regulatory initiatives that are the subject of the cases studied.
• Extensive notes and questions that both explain and challenge
• A completely new website that provides
  • Additional materials for possible assignment (including an introductory case study and materials on enforcement)
  • Illustrative agency documents (rulemaking preambles, an administrative complaint, FOIA requests and denials, etc.)
  • Extensive links to material on the web, including on agency websites, that provide examples of or help students situate the topics in the casebook
  • Photographs of people, places, and things that are the subject of the cases in the book
  • Updates on new decisions, statutes, and regulatory initiatives

Product Details

ISBN-13:	9781543825824
Publisher:	Wolters Kluwer Law & Business
Publication date:	02/25/2022
Series:	Aspen Casebook Series
Edition description:	Ninth Edition
Pages:	1080
Product dimensions:	7.38(w) x 10.00(h) x (d)

Table of Contents

Table of Cases     ix
Introduction     1
The Constitutional Position of the Administrative Agency     3
Note on Subsequent Amendments to Executive Order 12,866     3
f. The Information Quality Act     8
The Scope of Judicial Review-Questions of Facts, Law, and Policy     11
Gonzales v. Oregon     11
Long Island Care at Home, Ltd. v. Coke     20
Questions     24
Massachusetts v. EPA     24
Zuni Public School Dist. No. 89 v. Dep't of Ed.     41
National Cable and Telecommunications Ass'n v. Brand X Internet Services     44
"Common Law" Requirements: Clarity, Consistency, "Fairness"     53
Procedural Requirements in Agency Decisionmaking: Rulemaking and Adjudication     55
Dominion Energy Bayton Point, LLC v. Johnson     55
Notes and Questions     56
Long Island Care at Home, Ltd. v. Coke     59
Note on E-Rulemaking     60
Office of Management and Budget, Final Bulletin for Agency Good Guidance Practice (Bulletin No. 07-02)     65
Notes and Questions     68
Jones v. Flowers     73
The Availability and Timing of Judicial Review     79
Hein v. Freedom from Religion Foundation, Inc.     80
American Chemistry Council v. Dep't of Transportation     86
Woodford v. Ngo     88