Administrative Law and Regulatory Policy : Problems Text and Cases

Outstanding authorship, rich materials, and systematic coverage are the hallmarks of Administrative Law and Regulatory Policy, now in its seventh edition. Administrative procedure is examined in light of substantive policy debates in areas such as health, safety, environmental protection, and economic regulation. Questions, notes, and problems support thoughtful reading and analysis of Supreme Court decisions, agency actions, and matters of contemporary debate.

A careful and rigorous revision, the Seventh Edition updates content throughout, gives consistent attention to detail, and tightens the presentation. Combining attention to the most recent developments in the field with the rigor and breadth that have always characterized this classic book, the Seventh Edition offers a thorough and timely overview of administrative law.

Timeless features of this landmark casebook:

• logical organization that reveals the interaction of doctrine and procedure, as well as bureaucratic and political factors
• Notes and Problems that methodically explore all aspects of regulatory law and policy
• historical background material that shows how the New Deal changed American government
• in-depth consideration of the justifications for and tools of regulation

New in the Seventh Edition

• completely revised materials on presidential appointment and removal
• coverage of e-rulemaking, the Obama Administration's transparency and openness initiatives, and other uses of new technologies
• material on the Information Quality Act, midnight regulations, and guidance documents
• a brief new section on global administrative law
• key Supreme Court decisions: Free Enterprise Fund v. PCAOB, Gonzales v. Oregon, Massachusetts v. EPA, FCC v. Fox Television Stations, Inc., Woodford v. Ngo
• streamlined Notes and Questions
• expanded statutory appendix

Table of Contents:

Ch. 1. Introduction

Ch. 2. The Constitutional Position of the Administrative Agency

Ch. 3. Administrative Discretion, Administrative Substance, and Regulatory Performance

Ch. 4. The Scope of Judicial Review--Questions of Fact, Law, and Policy

Ch. 5. "Common Law" Requirements: Clarity, Consistency, "Fairness"

Ch. 6. Procedural Requirements in Agency Decisionmaking: Rulemaking and Adjudication

Ch. 7. Agency Decisionmaking Structure

Ch. 8. The Availability and Timing of Judicial Review

Appendix A: Selected Provisions from the U.S. Constitution
Appendix B: Selected Provisions from the Federal Administrative Procedure Act
Appendix C: Selected Provisions from the Unfunded Mandates Reform Act
Appendix D: Negotiated Rulemaking and Alternative Dispute Resolution Acts
Appendix E: Congressional Review Act
Appendix F: Information Quality Act
Appendix G: Selected Provisions from the E-Government Act