The Regulatory State, Second Edition (Aspen Casebook)

An accessible, central example--motor vehicle safety--provides a familiar entry point and thematic unity to The Regulatory State. Its tools-based approach to legislation, statutory interpretation, and agency implementation highlights the modes of argument and analysis that lawyers, courts, and agencies actually use. Selected materials from the best empirical studies and positive political theory show how Congress, federal agencies and courts make decisions in the regulatory area. Lively, contemporary excerpts from news articles, blogs, letters from government officials, and trade press books combine with selected primary source materials on regulatory government. Written by widely respected authors, The Regulatory State is organized in such a way that students better understand the many ways in which lawyers must engage with the institutions and legal materials of the modern regulatory state.

The Second Edition expands coverage of basic administrative law issues with additional cases on separation of powers and judicial review of agency action. It also includes more primary source materials and teaching exercises.

Features:

• an accessible example--motor vehicle safety--provides thematic unity
• tools-based approach highlights modes of argument and analysis that lawyers, courts, and agencies use
• selected materials from the best empirical studies and political theory show how Congress, federal agencies, and courts make decisions in the regulatory area
• practical treatment of statutory interpretation
• lively, contemporary excerpted material from articles, blogs, primary sources, and more
• organization helps students understand how lawyers engage with the institutions and legal materials of the regulatory state
  • examines the common law as a regulatory regime
  • introduces legislation
  • exposes the dynamics of its implementation by courts and agencies
• high-profile authors
  • Bressman and Stack: among the best young administrative law scholars in the country
  • Rubin: former dean of Vanderbilt and a widely-respected scholar

Thoroughly updated, the revised Second Edition presents:

• expanded coverage of administrative law additional cases on separation of powers and judicial review of agency action
• second comprehensive example of regulation: tobacco regulation
• more primary source materials
  • agency decisions in formal adjudications
  • agency memos
  • agency guidance and other advisory documents
• more teaching exercises