Legislation And The Regulatory State

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Regulatory State

Author : Lisa Schultz Bressman
Publisher : Aspen Publishing
ISBN 13 : 1543815979
Total Pages : 1325 pages
Book Rating : 4.5/5 (438 download)

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Book Synopsis Regulatory State by : Lisa Schultz Bressman

Download or read book Regulatory State written by Lisa Schultz Bressman and published by Aspen Publishing. This book was released on 2019-09-13 with total page 1325 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Regulatory State, Third Edition is distinguished by a practical focus on how federal administrative agencies make decisions, how political institutions influence decisions, and how courts review those decisions. With coverage tailored to 1L or upper-level courses on the regulatory state or legislation and regulation, Bressman, Rubin, and Stack use primary source materials drawn from agency rules, adjudicatory orders, and guidance documents to show how lawyers engage agencies. Additionally, this book uses an accessible central example (auto safety) throughout to make the materials cohesive and accessible, and presents legislation with attention to modern developments in the legislative process. The Regulatory State, Third Edition also presents statutory interpretation in useful terms, highlighting the “tools” that courts employ as well as the theories that judges and scholars have offered. New to the Third Edition: Expanded discussion of agency methods of statutory implementation and regulatory interpretation Additional primary source materials Up-to-date examination of political and judicial control of agency action New chapter with a case study of the regulatory process using the main example from the book Professors and students will benefit from: Tools-based approach that highlights the methods of analysis that agencies, courts, and lawyers utilize Use of an accessible central example as a familiar entry point into a complex legal area Primary source materials—agency documents, including notice-and-comment rules, adjudicatory orders, agency guidance, and more Empirical data, normative or theoretical questions, and practical examples

Legislation and the Regulatory State

Author : Samuel Estreicher
Publisher :
ISBN 13 : 9781531024345
Total Pages : 0 pages
Book Rating : 4.0/5 (243 download)

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Book Synopsis Legislation and the Regulatory State by : Samuel Estreicher

Download or read book Legislation and the Regulatory State written by Samuel Estreicher and published by . This book was released on 2022-08 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Estreicher & Noll's Legislation and the Regulatory State provides an accessible, up-to-date introduction to the institutions and procedures of the modern regulatory state. Designed to emphasize regulatory policymaking and the practical aspects of administrative lawyering, the casebook explores Congress's reasons for regulating and the choices it makes when enacting legislation, the legislative process and tools of statutory interpretation, administrative agencies' position within the Constitution's system of separated powers, the Administrative Procedure Act, and judicial review of agency action. The third edition covers all major developments in administrative law and statutory interpretation since 2017. It includes the Supreme Court's decision in Bostock v. Clayton County, covers recent developments in appointments and removal jurisprudence, and explores changes in the law of congressional oversight and judicial review of administrative action during the Trump administration. The documentary supplement for the second edition remains current for the third edition.

Legislation and the Regulatory State

Author : Samuel Estreicher
Publisher :
ISBN 13 : 9781531008543
Total Pages : 675 pages
Book Rating : 4.0/5 (85 download)

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Book Synopsis Legislation and the Regulatory State by : Samuel Estreicher

Download or read book Legislation and the Regulatory State written by Samuel Estreicher and published by . This book was released on 2017-08 with total page 675 pages. Available in PDF, EPUB and Kindle. Book excerpt: Estreicher & Noll's Legislation and the Regulatory State provides an accessible, up-to-date introduction to the institutions and procedures of the modern regulatory state. Designed to emphasize regulatory policy and the practical aspects of administrative lawyering, the casebook explores Congress's reasons for regulating and the choices it makes when enacting legislation, the legislative process and tools of statutory interpretation, administrative agencies' position within the Constitution's system of separated powers, the Administrative Procedure Act, and judicial review of agency action. Revised and streamlined throughout, the second edition covers recent developments including: the controversy over the Obama administration's immigration initiatives and other cases from the Supreme Court's October Term 2016, the Trump administration's early executive actions, and proposals to curb agencies' authority pending in the 115th Congress. The second edition also includes expanded materials on the theory of federal regulation, informal agency adjudication, notice-and-comment rulemaking, and Article III limits on judicial review of agency action.

LEGISLATION AND THE REGULATORY STATE DOCUMENT SUPPLEMENT.

Author : SAMUEL. ESTREICHER
Publisher :
ISBN 13 : 9781632839633
Total Pages : pages
Book Rating : 4.8/5 (396 download)

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Book Synopsis LEGISLATION AND THE REGULATORY STATE DOCUMENT SUPPLEMENT. by : SAMUEL. ESTREICHER

Download or read book LEGISLATION AND THE REGULATORY STATE DOCUMENT SUPPLEMENT. written by SAMUEL. ESTREICHER and published by . This book was released on 2015 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Regulatory Law and Policy

Author : Sidney A. Shapiro
Publisher :
ISBN 13 :
Total Pages : 702 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Regulatory Law and Policy by : Sidney A. Shapiro

Download or read book Regulatory Law and Policy written by Sidney A. Shapiro and published by . This book was released on 2003 with total page 702 pages. Available in PDF, EPUB and Kindle. Book excerpt: This bookÆs central theme is the conception that the practice of regulatory law involves the interrelationship of law, policy analysis, & politics. It explores regulatory decisionmaking, but unlike the traditional coursebook in administrative law, it focuses on the substance of government regulation. TeacherÆs Manual available.

Legislation and Statutory Interpretation

Author : William N. Eskridge (Jr.)
Publisher :
ISBN 13 :
Total Pages : 436 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Legislation and Statutory Interpretation by : William N. Eskridge (Jr.)

Download or read book Legislation and Statutory Interpretation written by William N. Eskridge (Jr.) and published by . This book was released on 2006 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: Suitable for students or practitioners, this authoritative overview of the legislative process and statutory interpretation moves smoothly and understandably between the theoretical and the practical. It contains in-depth discussion of such topics as theories of legislation and representation, electoral and legislative structures, extrinsic sources for statutory interpretation, and substantive canons of statutory interpretation. Reap the benefits of the authors' experience, opinions, and insight and gain a working knowledge of the area.

Legislation and Regulation

Author : John Manning
Publisher :
ISBN 13 : 9781609302177
Total Pages : 0 pages
Book Rating : 4.3/5 (21 download)

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Book Synopsis Legislation and Regulation by : John Manning

Download or read book Legislation and Regulation written by John Manning and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The updated casebook, Manning and Stephenson's Legislation and Regulation, 2d, is designed for a first-year class on Legislation & Regulation, and provides a proven, ready-to-use set of materials for those interested in introducing such a class to their 1L curriculum. The book focuses on the tools and methods of interpreting legal texts, using Supreme Court and other appellate decisions as the primary texts, yet the note material gently introduces students to applicable insights from political science, history, economics, and philosophy. The book aims to familiarize students with tools and techniques that lawyers and judges use when crafting legal arguments in statutory or regulatory contexts, and to give students a sense of the larger questions of institutional design implicated by these interpretive questions.

Regulation and Public Interests

Author : Steven P. Croley
Publisher : Princeton University Press
ISBN 13 : 1400828147
Total Pages : 393 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis Regulation and Public Interests by : Steven P. Croley

Download or read book Regulation and Public Interests written by Steven P. Croley and published by Princeton University Press. This book was released on 2009-01-10 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: Not since the 1960s have U.S. politicians, Republican or Democrat, campaigned on platforms defending big government, much less the use of regulation to help solve social ills. And since the late 1970s, "deregulation" has become perhaps the most ubiquitous political catchword of all. This book takes on the critics of government regulation. Providing the first major alternative to conventional arguments grounded in public choice theory, it demonstrates that regulatory government can, and on important occasions does, advance general interests. Unlike previous accounts, Regulation and Public Interests takes agencies' decision-making rules rather than legislative incentives as a central determinant of regulatory outcomes. Drawing from both political science and law, Steven Croley argues that such rules, together with agencies' larger decision-making environments, enhance agency autonomy. Agency personnel inclined to undertake regulatory initiatives that generate large but diffuse benefits (while imposing smaller but more concentrated costs) can use decision-making rules to develop socially beneficial regulations even over the objections of Congress and influential interest groups. This book thus provides a qualified defense of regulatory government. Its illustrative case studies include the development of tobacco rulemaking by the Food and Drug Administration, ozone and particulate matter rules by the Environmental Protection Agency, the Forest Service's "roadless" policy for national forests, and regulatory initiatives by the Securities and Exchange Commission and the Federal Trade Commission.

Regulatory Theory

Author : Peter Drahos
Publisher : ANU Press
ISBN 13 : 1760461024
Total Pages : 820 pages
Book Rating : 4.7/5 (64 download)

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Book Synopsis Regulatory Theory by : Peter Drahos

Download or read book Regulatory Theory written by Peter Drahos and published by ANU Press. This book was released on 2017-02-23 with total page 820 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume introduces readers to regulatory theory. Aimed at practitioners, postgraduate students and those interested in regulation as a cross-cutting theme in the social sciences, Regulatory Theory includes chapters on the social-psychological foundations of regulation as well as theories of regulation such as responsive regulation, smart regulation and nodal governance. It explores the key themes of compliance, legal pluralism, meta-regulation, the rule of law, risk, accountability, globalisation and regulatory capitalism. The environment, crime, health, human rights, investment, migration and tax are among the fields of regulation considered in this ground-breaking book. Each chapter introduces the reader to key concepts and ideas and contains suggestions for further reading. The contributors, who either are or have been connected to the Regulatory Institutions Network (RegNet) at The Australian National University, include John Braithwaite, Valerie Braithwaite, Peter Grabosky, Neil Gunningham, Fiona Haines, Terry Halliday, David Levi-Faur, Christine Parker, Colin Scott and Clifford Shearing.

The Politics of Regulation

Author : Jacint Jordana
Publisher : Edward Elgar Publishing
ISBN 13 : 9781845420673
Total Pages : 356 pages
Book Rating : 4.4/5 (26 download)

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Book Synopsis The Politics of Regulation by : Jacint Jordana

Download or read book The Politics of Regulation written by Jacint Jordana and published by Edward Elgar Publishing. This book was released on 2004-01-01 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: These changes, together with the general advance in the study of regulation, undoubtedly demand a re-evaluation of the theory of regulation, its methodologies and scope of application. This book is a perceptive investigation of recent evolutions in the manner and extent of governance through regulation. Scholars and students of comparative politics, public policy, regulation theory, institutional economics and political sociology will find it to be essential reading. It will also prove a valuable source of reference for those working or dealing with regulatory authorities and for business managers in private industries and services operating under a regulatory framework.

Statutes, Regulation, and Interpretation, 2017 Supplement

Author : William Eskridge
Publisher : West Academic Publishing
ISBN 13 : 9781640202337
Total Pages : 132 pages
Book Rating : 4.2/5 (23 download)

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Book Synopsis Statutes, Regulation, and Interpretation, 2017 Supplement by : William Eskridge

Download or read book Statutes, Regulation, and Interpretation, 2017 Supplement written by William Eskridge and published by West Academic Publishing. This book was released on 2017-08-23 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Regulatory State

Author : Dawn Oliver
Publisher :
ISBN 13 : 0199593175
Total Pages : 365 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis The Regulatory State by : Dawn Oliver

Download or read book The Regulatory State written by Dawn Oliver and published by . This book was released on 2010 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of fifteen essays by leading experts in regulation is unique in its focus on the constitutional implications of recent regulatory developments in the UK, the EU, and the US. The chapters reflect current developments and crises which are significant in many areas of public policy, not only regulation. These include the development of governance in place of government in many policy areas, the emergence of networks of public and private actors, the credit crunch, techniques for countering climate change, the implications for fundamental rights of regulatory arrangements and the development of complex accountability mechanisms designed to promote policy objectives. Constitutional issues discussed in The Regulatory State include regulatory governance, models of economic and social regulation, non-parliamentary rule-making, the UK's devolution arrangements and regulation, the credit crisis, the rationing of common resources, regulation and fundamental rights, the European Competition Network, private law making and European integration, innovative regulator sanctions recently introduced in the UK, the auditing of regulatory reform, and parliamentary oversight and judicial review of regulators. The introductory chapter focuses on testing times for regulation, and the concluding chapter draws ten lessons from the substantive chapters, noting the importance of regulatory diversity, the complexity of networks and relations between regulatory actors and the executive, the new challenges to regulatory habits posed by climate change and the credit crisis, the wider economic and legal context in which regulation takes place and the accountability networks - including judicial review, parliamentary oversight and audit - within which regulation operates.

Is Administrative Law Unlawful?

Author : Philip Hamburger
Publisher : University of Chicago Press
ISBN 13 : 022611645X
Total Pages : 646 pages
Book Rating : 4.2/5 (261 download)

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Book Synopsis Is Administrative Law Unlawful? by : Philip Hamburger

Download or read book Is Administrative Law Unlawful? written by Philip Hamburger and published by University of Chicago Press. This book was released on 2014-05-27 with total page 646 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Hamburger argues persuasively that America has overlaid its constitutional system with a form of governance that is both alien and dangerous.” —Law and Politics Book Review While the federal government traditionally could constrain liberty only through acts of Congress and the courts, the executive branch has increasingly come to control Americans through its own administrative rules and adjudication, thus raising disturbing questions about the effect of this sort of state power on American government and society. With Is Administrative Law Unlawful?, Philip Hamburger answers this question in the affirmative, offering a revisionist account of administrative law. Rather than accepting it as a novel power necessitated by modern society, he locates its origins in the medieval and early modern English tradition of royal prerogative. Then he traces resistance to administrative law from the Middle Ages to the present. Medieval parliaments periodically tried to confine the Crown to governing through regular law, but the most effective response was the seventeenth-century development of English constitutional law, which concluded that the government could rule only through the law of the land and the courts, not through administrative edicts. Although the US Constitution pursued this conclusion even more vigorously, administrative power reemerged in the Progressive and New Deal Eras. Since then, Hamburger argues, administrative law has returned American government and society to precisely the sort of consolidated or absolute power that the US Constitution—and constitutions in general—were designed to prevent. With a clear yet many-layered argument that draws on history, law, and legal thought, Is Administrative Law Unlawful? reveals administrative law to be not a benign, natural outgrowth of contemporary government but a pernicious—and profoundly unlawful—return to dangerous pre-constitutional absolutism.

Rethinking the Progressive Agenda

Author : Susan Rose-Ackerman
Publisher :
ISBN 13 :
Total Pages : 328 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Rethinking the Progressive Agenda by : Susan Rose-Ackerman

Download or read book Rethinking the Progressive Agenda written by Susan Rose-Ackerman and published by . This book was released on 1992 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rose-Ackerman sees recent advances in law and economics as an opportunity to tackle some of the failings of the US state. She proposes a progressive and positive agenda of reform rather than simple reduction or expansion of existing functions and services.

The Administrative State

Author : Dwight Waldo
Publisher : Routledge
ISBN 13 : 1351486330
Total Pages : 251 pages
Book Rating : 4.3/5 (514 download)

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Book Synopsis The Administrative State by : Dwight Waldo

Download or read book The Administrative State written by Dwight Waldo and published by Routledge. This book was released on 2017-09-04 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: This classic text, originally published in 1948, is a study of the public administration movement from the viewpoint of political theory and the history of ideas. It seeks to review and analyze the theoretical element in administrative writings and to present the development of the public administration movement as a chapter in the history of American political thought.The objectives of The Administrative State are to assist students of administration to view their subject in historical perspective and to appraise the theoretical content of their literature. It is also hoped that this book may assist students of American culture by illuminating an important development of the first half of the twentieth century. It thus should serve political scientists whose interests lie in the field of public administration or in the study of bureaucracy as a political issue; the public administrator interested in the philosophic background of his service; and the historian who seeks an understanding of major governmental developments.This study, now with a new introduction by public policy and administration scholar Hugh Miller, is based upon the various books, articles, pamphlets, reports, and records that make up the literature of public administration, and documents the political response to the modern world that Graham Wallas named the Great Society. It will be of lasting interest to students of political science, government, and American history.

The Emergence of the Modern Regulatory State

Author : James E. Anderson
Publisher :
ISBN 13 :
Total Pages : 192 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Emergence of the Modern Regulatory State by : James E. Anderson

Download or read book The Emergence of the Modern Regulatory State written by James E. Anderson and published by . This book was released on 1962 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt:

After the Rights Revolution

Author : Cass R. Sunstein
Publisher : Harvard University Press
ISBN 13 : 9780674009097
Total Pages : 300 pages
Book Rating : 4.0/5 (9 download)

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Book Synopsis After the Rights Revolution by : Cass R. Sunstein

Download or read book After the Rights Revolution written by Cass R. Sunstein and published by Harvard University Press. This book was released on 1990 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the twentieth century, American society has experienced a "rights revolution" a commitment by the national government to promote a healthful environment, safe products, freedom from discrimination, and other rights unknown to the founding generation. This development has profoundly affected constitutional democracy by skewing the original understanding of checks and balances, federalism, and individual rights. Cass Sunstein tells us how it is possible to interpret and reform this regulatory state regime in a way that will enhance freedom and welfare while remaining faithful to constitutional commitments. Sunstein vigorously defends government regulation against Reaganite/Thatcherite attacks based on free-market economics and pre-New Deal principles of private right. Focusing on the important interests in clean air and water, a safe workplace, access to the air waves, and protection against discrimination, he shows that regulatory initiatives have proved far superior to an approach that relies solely on private enterprise. Sunstein grants that some regulatory regimes have failed and calls for reforms that would amount to an American perestroika: a restructuring that embraces the use of government to further democratic goals but that insists on the decentralization and productive potential of private markets. Sunstein also proposes a theory of interpretation that courts and administrative agencies could use to secure constitutional goals and to improve the operation of regulatory programs. From this theory he seeks to develop a set of principles that would synthesize the modern regulatory state with the basic premises of the American constitutional system. Teachers of law, policymakers and political scientists, economists and historians, and a general audience interested in rights, regulation, and government will find this book an essential addition to their libraries.