Administrative Law and Regulatory Policy Problems, Text, and Cases

ISBN-10: 0735556067
ISBN-13: 9780735556065
Edition: 6th 2006 (Revised)
List price: $166.00
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Description: The casebook is highly respected for its many strengths: - stellar authorship - logical organization that reveals the interaction between doctrine and procedure, as well as bureaucratic and political factors in play - notes and problems that  More...

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Book details

List price: $166.00
Edition: 6th
Copyright year: 2006
Publisher: Wolters Kluwer Law & Business
Publication date: 4/24/2006
Binding: Hardcover
Pages: 1024
Size: 7.25" wide x 10.00" long x 1.75" tall
Weight: 3.234
Language: English

The casebook is highly respected for its many strengths: - stellar authorship - 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

Richard Macrory is a barrister, and Professor of Environmental Law at University College, London where he is director of the Centre for Law and the Environment and the UCL Carbon Capture Legal ProgrammeIan Havercroft is a barrister and senior research fellow with the UCL Carbon Capture Legal Programme. In 2011 he joins the Global Carbon Capture Storage Institute in Canberra, Australia.Richard Stewart is the John Edward Sexton Professor of Law at NYU University, New York where he is also director of the Centre for Environmental and Land Use Law.

Introduction
The Constitutional Position of the Administrative Agency
Administrative Discretion, Administrative Substance, and Regulatory Performance
The Scope of Judicial Review--Questions of Fact, Law, and Policy
'Common Law' Requirements: Clarity, Consistency, 'Fairness'
Procedural Requirements in Agency Decisionmaking: Rulemaking and Adjudication
Agency Decisionmaking Structure
The Availability and Timing of Judicial Review
Selected Provisions from the Federal Administrative Procedure Act
Selected Provisions from the Unfunded Mandates Reform Act
Negotiated Rulemaking and Alternative Dispute Resolution Act
Table: Correlating Provisions of the Administrative Procedure Act as Presently Codified in 5 U.S.C. and Sections of the Act as Originally Enacted in 1946

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