Administrative Law and Regulatory Policy: Problems Text, and Cases, Seventh Edition (Aspen Casebook)
(Outstanding authorship, rich materials, and systematic co...)
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
Administrative Law and Regulatory Policy: Problems, Text, and Cases
(When you consider casebooks for your next administrative ...)
When you consider casebooks for your next administrative law course, make sure you examine this excellent revision from an author team of unmatched expertise. ADMINISTRATIVE LAW AND REGULATORY POLICY: Problems, Text, and Cases, Sixth Edition, offers a challenging examination of doctrine and policy that has been perfected through years of classroom use.
The casebook is highly respected for its many strengths:
logical organization that reveals the interaction between doctrine and procedure, as well as bureaucratic and political factors in play
notes and problems that systematically survey regulation, exploring not only prices and entry, but also health, safety, and the environment
historical background material on the rise of regulation and the role of the New Deal in changing American government
coverage of economic aspects of regulatory control, examining the regulatory decision-making process through cost-benefit analysis
comprehensive Teacher's Manual that offers detailed advice and answers to problems
Changes for the Sixth Edition reflect both legal developments and classroom experience:
new Supreme Court cases, including those involving the war on terrorism
new treatment of the relationship between administrative law and the war on terror
clearer explication of the Chevron problem and recent developments in the theory and practice of judicial review of agency action
new materials on national security tradeoffs, environmental protection, and telecommunications considered in exploring the relationship between administrative law and regulatory policy
expanded treatment of the foundations of the modern regulatory state, including the debate between standard economic theory and behavioral economics
additional discussion of separation of powers questions -- and the role of the courts in responding to them
Administrative Law & Regulatory Policy: 2013-2014 Case Supplement
(Paperback. Pub Date :2013-08-22 Pages: 96 Language: Engli...)
Paperback. Pub Date :2013-08-22 Pages: 96 Language: English Publisher: Aspen This is the 2013-2014 case supplement to accompany Administrative Law and Regulatory Policy: Problems Text. and Cases. Seventh Edition. by Stephen G. Breyer. Richard B. Stewart. Cass R. Sunstein. Adrian Vermeule. and Michael Herz. Summary of ContentsTable of Cases1. Introduction2. The Constitutional Position of the Administrative Agency3. Administrative Discretion. Administrative Substance. and Regulatory Performance4. The Scope of Judicial Review-Questions of Fact. Law. and Policy5 Common Law Requirements:. Clarity. Consistency. Fairness6 Procedural Requirements in Agency Decisionmaking:... Rulemaking and Adjudication7 Agency Decisionmaking Structure8 The Availability and Timing of Judicial Review
Administrative Law and Regulatory Policy: 2009-2010 Case Supplement
To ensure that you have the most up-to-date and comple...)
To ensure that you have the most up-to-date and complete materials for your Administrative Law class, be sure to use Administrative Law and Regulatory Policy: 2009-2010 Supplement.
New cases include:
• Entergy Corp. v. Riverkeeper, Inc.
• Federal Express Corp. v. Holowecki
• Federal Communications Commission v. Fox Television Stations, Inc.
1988 supplement, Administrative law and regulatory policy: Problems, text, and cases : second edition
(Second edition. Written by Stephen G Breyer, Judge, US Co...)
Second edition. Written by Stephen G Breyer, Judge, US Court of Appeals for the First Circuit, and a lecturer at Harvard Law School. Also, Richard B. Stewart, Byrne Professor of Administrative Law at Harvard Law School.
This book will become the bible of regulatory reform. ...)
This book will become the bible of regulatory reform. No broad, authoritative treatment of the subject has been available for many years except for Alfred Kahn's Economics of Regulation (197O). And Stephen Breyer's book is not merely a utilitarian analysis or a legal discussion of procedures; it employs the widest possible perspective to survey the full implications of government regulation—economic, legal, administrative, political—while addressing the complex problems of administering regulatory agencies.
Only a scholar with Judge Breyer's practical experience as chief counsel to the Senate Judiciary Committee could have accomplished this task. He develops an ingenious original system for classifying regulatory activities according to the kinds of problems that have called for, or have seemed to call for, regulation; he then examines how well or poorly various regulatory regimes remedy these market defects. This enables him to organize an enormous amount of material in a coherent way, and to make significant and useful generalizations about real-world problems.
Among the regulatory areas he considers are health and safety; environmental pollution, trucking, airlines, natural gas, public utilities, and telecommunications. He further gives attention to related topics such as cost-of-service ratemaking, safety standards, antitrust, and property rights. Clearly this is a book whose time is here—a veritable how-to-do-it book for administration deregulators, legislators, and the judiciary; and because it is comprehensive and superbly organized, with a wealth of highly detailed examples, it is practical for use in law schools and in courses on economics and political science.
Breaking the Vicious Circle: Toward Effective Risk Regulation
(Breaking the Vicious Circle is a tour de force that shoul...)
Breaking the Vicious Circle is a tour de force that should be read by everyone who is interested in improving our regulatory processes. Written by a highly respected federal judge, who would go on to serve on the Supreme Court, and who obviously recognizes the necessity of regulation but perceives its failures and weaknesses as well, it pinpoints the most serious problems and offers a creative solution that would for the first time bring rationality to bear on the vital issue of priorities in our era of limited resources.
Active Liberty: Interpreting Our Democratic Constitution
(A brilliant new approach to the Constitution and courts o...)
A brilliant new approach to the Constitution and courts of the United States by Supreme Court Justice Stephen Breyer.For Justice Breyer, the Constitution’s primary role is to preserve and encourage what he calls “active liberty”: citizen participation in shaping government and its laws. As this book argues, promoting active liberty requires judicial modesty and deference to Congress; it also means recognizing the changing needs and demands of the populace. Indeed, the Constitution’s lasting brilliance is that its principles may be adapted to cope with unanticipated situations, and Breyer makes a powerful case against treating it as a static guide intended for a world that is dead and gone. Using contemporary examples from federalism to privacy to affirmative action, this is a vital contribution to the ongoing debate over the role and power of our courts.
Stephen Gerald Breyer is an Associate Justice of the Supreme Court of the United States. Appointed by President Bill Clinton in 1994, Breyer is generally associated with the more liberal side of the Court.
Stephen Gerald Breyer was born on August 15, 1938, in San Francisco, California, the son of Irving Breyer and Anne Breyer. His father was a lawyer who worked for the San Francisco Board of Education. His mother was active in the Democratic party and in a variety of civic affairs. Although as an adult Breyer’s marriage to the daughter of British gentry would land him in affluent circumstances, he experienced a childhood in more commonplace surroundings and would later recall to members of the Senate who inquired into his background that he had been a Boy Scout, a delivery boy, and a ditch digger for the Pacific Gas and Electric Company.
Stephen Breyer attended a prestigious magnet school in the San Francisco area, Lowell High School, where he participated on the debate team and was voted by his graduating classmates “most likely to succeed.” After high school, he attended Stanford University and graduated summa cum laude in 1959. Over the next two years, he studied at Magdalen College of Oxford University in England on a Marshall Scholarship and received his B.A. there in 1961. Upon his return to the United States, Breyer attended Harvard Law School, where he served as an articles editor on the Harvard Law Review and graduated magna cum laude in 1964.
His record at Harvard paved the way for Breyer to obtain a coveted clerkship with Associate Justice Arthur Goldberg on the Supreme Court during the Court’s 1964 term. His work for Justice Goldberg included preparing the first draft of Justice Goldberg’s highly regarded concurring opinion in one of the most important cases of the 1960s, Griswold v. Connecticut (1965), which recognized a constitutional right of privacy for married couples to use contraceptive devices.
After Breyer’s clerkship with Justice Goldberg, he accepted a job in the U.S. Justice Department as a special assistant to Assistant Attorney General Donald F. Turner in the antitrust division. Breyer worked for the Justice Department from 1965 to 1967. Later on he joined the faculty at the Harvard Law School, where he taught regularly from 1967 to 1994, focusing his scholarly and teaching work mainly in the area of subjects involving government regulation, such as antitrust law. Over the next 13 years, Breyer combined a career as a legal academic with frequent forays into the arena of public service. He briefly worked for Archibald Cox in 1973 as an assistant special prosecutor during die Watergate investigation. From 1974 to 1975 he was a special counsel to the Administrative Practices Subcommittee of the Senate Judiciary Committee and worked closely with the subcommittee chair, Senator Edward Kennedy, to sponsor legislation that eventually lowered airline fares by deregulating the airline industry. From 1979 to 1980 he was chief counsel to the Senate Judiciary Committee.
Toward the end of President Jimmy Carter’s term in office, he nominated Stephen Breyer to a seat on the U.S. Court of Appeals for the First Circuit. This nomination, made in November 1980, might easily have been stalled by Republicans until after Ronald Reagan was inaugurated in 1981. Nevertheless, Breyer enjoyed bipartisan respect that prompted the Republicans to support his appointment to the federal appeals court. He served on the court from 1980 until 1994 and as its chief judge front 1990 until 1994. In addition to his normal responsibilities as an appeals judge, Breyer, who had worked for the Senate Judiciary Committee at a time when the issue of sentencing reform was before Congress, served as a member of the Sentencing Commission from 1985 to 1989. This commission established guidelines for federal judges for the imposition of criminal sentences.
In 1993, when Justice Byron R. White retired from the Supreme Court, President Bill Clinton considered appointing Stephen Breyer to fill the vacancy on the Court, before ultimately nominating Ruth Bader Ginsburg. The following year, though, Associate Justice Harry A. Blackmun retired after 24 years of service, and this time President Clinton nominated Breyer to replace the retiring justice. Though Breyer was a lifelong Democrat and was championed by one of the Senate’s most ardent liberals, Ted Kennedy, his reputation as a moderate won him easy approval in the Senate.
In fact, he faced tougher questioning from Democrats anxious about his probusiness decisions as a federal appeals judge and about his work on the Sentencing Commission than from Republicans. Consumer advocate and frequent presidential candidate Ralph Nader testified against Breyer and chastised him for an overly solicitous regard for big business.
Author (with Paul MacAvoy): The Federal Power Commission and the Regulation of Energy, 1974. Author: (with Richard Stewart) Administrative Law and Regulatory Policy, 1979, Administrative Law and Regulatory Policy, 3rd edition, 1992. Author: Regulation and its Reform, 1982, Breaking the Vicious Circle, 1993, Active Liberty: Interpreting Our Democratic Constitution, 2005, Making Our Democracy Work: A Judge's View, 2010.Contributor articles to professional journals.
Breyer demonstrated repeated ability to forge alliances across partisan lines, and his excellent reputation among both Democrats and Republicans earned him a place on the federal bench.
By all indications, Breyer might have been expected to take a position in the middle of the Court’s ideological range, and in his brief tenure on the Court to date he has tended to confirm this expectation. The labels “conservative” and “liberal,” often misleading when applied to Supreme Court justices, do not sit easily on Justice Breyer. For example, in United States v. Playboy (2000), he dissented from the majority’s decision to strike down a federal law that required cable television operators to block sexually oriented channels or to limit their transmission to hours when children are unlikely to be viewing as violating freedom of speech.
On many issues, though, Justice Breyer has found himself at odds with the Court’s more conservative justices, who have formed a narrow majority on a variety of issues during the closing years of the 20th century and the beginning years of the 21st. A majority of the Rehnquist Court, for example, has been the midwife for a renewed concern for the prerogatives of states within the federal system, especially under the Constitution’s Eleventh Amendment, which immunizes states from suits by citizens of other states and by aliens. In controversial decisions such as Alden v. Maine 1999 and Kimel v. Florida Board of Regents 1999, a conservative majority on the Court applied the Eleventh Amendment to bar claims against states brought under federal labor and anti-discrimination laws. Justice Breyer joined three other justices—John Paul Stevens, David Souter, and Ruth Bader Ginsburg—to protest this constitutional interpretation.
Similarly, the same conservative justices have revisited the limits of Congress’s power to regulate matters affecting interstate commerce and have invalidated federal laws such as the Gun Free Schools Zones Act, held unconstitutional in United States v. Lopez (1995), and the Violence Against Women Act in United States v. Morrison (2000). Again, Breyer—joined by Justices Stevens, Souter, and Ginsburg—has voiced his opposition to this constitutional development.
Such issues as abortion and capital punishment with which senators sometimes prick Supreme Court nominees did not trouble Breyer.
Asked for his views on the death penalty, Breyer noted that its constitutionality in some circumstances was clearly established. “It seems to me that the Supreme Court has considered that matter for quite a long time in a large number of cases,” Breyer said. “At tins point it is settled.”
Similarly, he acknowledged the settled nature of the Court’s abortion decisions. “The case of Roe v. Wade has been the law for 21 years, or more, and it was recently affirmed by the Supreme Court of the United States,” he said. “That is the law.”
Trustee University Massachusetts, 1974—1981. Board overseers Dana Farber Cancer Institute, Boston, 1977—1994. Member of American Bar Association, Council Foreign Relations, American Academy Arts and Sciences, American Law Institute, American Bar Foundation.
Justice Stephen G. Breyer came to the Court with a distinguished career as a legal scholar and a federal appeals judge but nevertheless confessed that his early terms on the Court left him with the nervousness typical of a freshman justice. “I keep thinking of a New Yorker cartoon,” he said shortly after joining the Court. “A circus dog is about to set out, very gingerly, on a tightrope while a clown below unfolds a scroll. It says: ‘All Rex could think about when he stepped out upon the high wire was that he was a very old dog and this was a brand-new trick.’”
But with whatever trepidation Justice Breyer undertook his work as a Supreme Court justice, he has become comfortable with a judicial voice that is neither stridently liberal nor conservative. The last justice appointed in the 20th century is more a pragmatist than a prophet, more interested in solutions than in semantics. He has been accused of being a technocrat, but it is perhaps fitting that the ap-pointment of such a justice should conclude the long and turbulent history of the 20th-century Supreme Court.
In 1967, the year he left this federal post, Breyer married Joanna Freda Hare, the daughter of a wealthy English family. The couple eventually had three children: Chloe, Nell, and Michael.