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The Regulatory State, Fourth Edition

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Authors
  • Lisa Schultz Bressman
  • Edward L. Rubin
  • Kevin M. Stack
Series / Aspen Casebook Series
BOOKMARK
Book length
1024 pages
Publication Date
2023-09-19
Edition
Fourth Edition
Teaching Materials
NO
Description
Table of contents
Preface

Buy a new version of this textbook and receive access to the Connected eBook with Study Center on Casebook Connect, including lifetime access to the online ebook with highlight, annotation, and search capabilities. Access also includes practice questions, an outline tool, and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes.

Distinguished by a practical focus on how federal administrative agencies make decisions and how political institutions influence and courts review those decisions, with coverage tailored to 1L or upper-level courses on the regulatory state or legislation and regulation. Uses primary source materials drawn from agency rules, adjudicatory orders, and guidance documents to show how lawyers engage agencies. Uses an accessible central example (auto safety) throughout to make the materials cohesive and accessible. Presents legislation with attention to modern developments in the legislative process. 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 4th Edition:

  • Significant New Supreme Court decisions, with detailed Notes, on:
    • textual statutory interpretation (Bostock v. Clayton County)
    • the Major Questions Doctrine (West Virginia v. EPA) and the shifting Chevron framework
    • arbitrary and capricious review (FCC v. Prometheus Radio Project)
  • New Presidential and OIRA documents reshaping regulatory review, including:
    • Executive Order on Modernizing Regulatory Review (Exec. Order 14094)
    • Draft Revisions to Circular A-4 on Regulatory Analysis
  • Updated coverage on scientific analysis in agency decision making
  • New treatment of distributional analysis and consideration of equity in agency decision making

Benefits for instructors and students:

  • 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/theoretical questions, practical examples
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Detailed Table of Contents Download (PDF)
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Preface Download (PDF)
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About the authors
Lisa Schultz Bressman
Vanderbilt University

Lisa Schultz Bressman was named Associate Dean for Academic Affairs in 2010. Dean Bressman is an innovative scholar in administrative law. Her most recent work challenges the binary distinction between executive-branch and independent agencies, with a particular focus on financial agencies. In prior work, she has used insights from positive political theory to better describe and defend administrative procedures. She has also written several pieces that explore the relationship between accountability and arbitrariness in agency decision-making.

Dean Bressman's work includes empirical analyses, such as one project done in collaboration with colleague Michael Vandenbergh, studying the agency experience with presidential control. Recently, she co-authored with Ed Rubin and Kevin Stack a course book entitled The Regulatory State, which is designed to teach statutes and regulations to students in the first year of law school.

Dean Bressman served as Co-director of Vanderbilt's Regulatory Program from 2006 to 2010. She joined the Vanderbilt law faculty in 1998 after working in the Office of Legal Counsel in the Department of Justice and clerking for U.S. Supreme Court Justice Stephen Breyer and Judge José A. Cabranes on the U.S. Court of Appeals for the Second Circuit. Dean Bressman was a Roscoe Pound Visiting Professor of Law at Harvard Law School in fall 2008. She teaches Administrative Law, Constitutional Law I, Government and Religion, Problems at the Interface of Tort and Regulatory Law, and the Regulatory State (first-year course).

Edward L. Rubin
Vanderbilt University

Ed Rubin is a distinguished and erudite scholar whose research has addressed a broad range of topics. He is the author of numerous books, articles, and chapters, including two volumes published in 2005, Beyond Camelot: Rethinking Politics and Law for the Modern State (Princeton University Press) and Federalism: A Theoretical Inquiry, co-authored with long-time collaborator Malcolm Feeley.

Professor Rubin joined Vanderbilt Law School as Dean and the first John Wade–Kent Syverud Professor of Law in July 2005, serving a four-year term that ended in June 2009. Before joining Vanderbilt's law faculty, Professor Rubin was the Theodore K. Warner, Jr. Professor of Law at the University of Pennsylvania Law School, where he taught administrative law, commercial law, and seminars on topics ranging from administrative policy to law and technology, human rights, and punishment theory.

He joined the law faculty at Pennsylvania in 1998 from the Boalt Hall School of Law at the University of California-Berkeley, where he had taught since 1982 and served as an associate dean for three years. Professor Rubin has served as chair of the Association of American Law Schools sections on socio economics and scholarship and on its curriculum and research, professional development, and nominations committees.

After earning his law degree from Yale University in 1979, he clerked for Judge Jon O. Newman of the U.S. Court of Appeals for the Second Circuit and was an associate with Paul Weiss Rifkind Wharton Garrison in New York, where he practiced entertainment law. Early in his career, he served as a curriculum planner with the New York City Board of Education. Professor Rubin has been a consultant to the Asia Foundation Project on the Administrative Licensing Law for the People’s Republic of China, the Russian Privatization Center, and the United Nations Development Programme.

Kevin M. Stack
Vanderbilt University

Kevin Stack writes on administrative law, regulation, separation of powers, and presidential powers. His recent work has focused on judicial review of agency action, the President's powers, and regulation. He is also co-author (with Lisa Bressman and Ed Rubin) of The Regulatory State (Aspen Publishing, 2010), a new casebook on statutes and regulations.

Professor Stack currently serves as a vice-chair of the Separation of Powers Committee for the Administrative and Regulatory Practice Section of the ABA. He joined Vanderbilt's law faculty in 2007 and served as Associate Dean for Research from July 2008 to July 2010. Professor Stack came to Vanderbilt from the faculty of the Benjamin N. Cardozo School of Law of Yeshiva University, which he joined in 2002 after practicing as an associate at Jenner & Block in Washington, D.C. Prior to practice, he served as a law clerk for the Honorable Kimba M. Wood of the United States District Court for the Southern District of New York, and the Honorable A. Wallace Tashima of the United States Court of Appeals for the Ninth Circuit.

At Yale Law School, he was a senior editor of the Yale Law Journal, an articles editor of the Yale Journal of Law & the Humanities, and received the Felix S. Cohen Prize for the best essay by a student or fellow on a subject relating to legal philosophy. Before earning his J.D., he spent two years studying philosophy at Oxford University supported by a Fulbright Scholarship. He is a member of the District of Columbia and Maryland Bars.Professor Stack teaches Administrative Law, the Regulatory State, Legislation, Presidential Power, Civil Procedure, and European Union Law.
Product Information
Edition
Fourth Edition
Publication date
2023-09-19
Copyright Year
2024
Pages
1024
Connected eBook with Study Center + Hardcover
9798886142044
Connected eBook with Study Center (Digital Only)
9798889063469
Subject
Administrative Law , Legislation and Regulation
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