Administrative Law and Regulatory Policy: Problems, Text, and Cases
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Description
In this Third Edition, we have revised the Casebook to take account of new cases, changing doctrine, and new problems facing those who administer the federal government. We call attention her to three major ways in which we have changed the materials. First, we have changed, and deepened, the discussion of classical administrative law in light of new cases that affect preexisting doctrine. A host of recent Supreme Court cases, discussing “separation of powers” doctrine (and underscoring the importance of Crowell v. Benson) has led us, for example, to rework and to emphasize our “separation of powers” materials in Chapter Two. Similarly, we have expanded our discussion of “review of law” in Chapter Four to encompass the current debate about the significance of the Chevron doctrine—just what it means and the extent to which it changes prior law. We have added throughout Supreme Court cases that summarize existing law (particularly in the “due process” area), that may foreshadow change, and that provoke thought and discussion. Second, we have modified and enhanced our discussion of substantive health and safety regulation, such as the problem of regulating risk. We have also asked how the Executive Branch can coordinate and control its many agencies when they engage in regulation of this sort, and we point to its efforts to do so through the Office of Management and Budget. Third, we have changed the organization of our discussion of rulemaking and adjudication. We have placed the materials related to this subject in an expanded Chapter Six—which beings with the constitutional distinction between rulemaking and adjudication, then discusses the relevant statutes and case law, and ends with a discussion of the Constitution’s “due process” requirements. We have reorganized in order to achieve additional clarity of presentation. For example, we believe that current “informal rulemaking” law can best be understood by considering in order (a) the limitation of formal rulemaking stemming from Florida East Coast, (b) the subsequent “formalization” of informal rulemaking, (c) the current “disenchantment” with time consuming procedure, and (d) the search for “exceptions.” Our primary objective in revising this chapter, as in making numerous other organizational changes, is clear, coherent presentation of the subject matter for teaching purposes. Our general aim in this edition, of course, remains the same as in our two previous editions. We wish the student to understand Administrative Law, classically conceived as involving questions of procedure and of relations among the courts and other branches of government. We believe, however, that such an understanding is possible only if the student also understands the relation between such questions and substantive regulation. Thus, we continue to use substantive regulatory examples to enrich a basically procedural course. These examples have proved useful in the course that we teach, and we hope they will work for others as well.
Publication Date
1992
Edition
3
Recommended Citation
Breyer, Stephen G. and Stewart, Richard B., "Administrative Law and Regulatory Policy: Problems, Text, and Cases" (1992). Faculty Books & Edited Works. 701.
https://gretchen.law.nyu.edu/fac-books-edited-works/701
