Administrative Law and Regulatory Policy: Problems, Text, and Cases
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Description
In writing this new edition, we have tried to increase the clarity of our presentation, to deepen the discussion of certain issues, and, of course, to update the materials throughout the book. Here, we wish to call attention to three major changes. First, we have reorganized certain sections in order to promote conceptual clarity and pedagogical effectiveness. We have expanded and reorganized Chapter 4 in order to focus greater attention on the general problem of substantive judicial review of agency decisions. We explore the traditional nature of “review of fact,” “review of law,” and “review of discretion,” contrasting older and more recent cases in part to flag some of the difficulties arising out of current judicial attitudes toward “review.” We have also restructured the materials at the end of Chapter 7 to emphasize some of the principal issues raised by the effort to apply hearing rights to different program areas without attempting to provide detailed account of all the case law. Finally, we have reorganized the first part of Chapter 9 in an effort to clarify historical and contemporary problems of jurisdiction and remedies. Second, we have sought to develop further materials designed to acquaint students with the policy and institutional background of the most important types of administrative programs. We have added discussions of two additional basic types of regulation: “standard setting” (in connection with State Farm, the “air bags” case) and “screening” (in connection with the “Benzene” and “Cotton Dust” cases). With the addition of these examples the book contains a fairly complete typology of regulation, which can be taught in some depth by the interested teacher. We have also rewritten Chapter 7 to provide a more complete account of the social security disability program as an example of “mass justice.” Third, we take account of “deregulation” and, where appropriate, raise policy problems related to the “regulatory reform” that has taken place or has been proposed since the first edition. We have expanded, for example, the discussion of television regulation in Chapter 5 to take account of “deregulatory” developments. Our general aim remains the same as in the first edition. We ask the student both to understand administrative law and to think about its strengths and weaknesses in an age of regulatory reform. We have organized the book to facilitate the teaching of a traditional procedural course in administrative law. The discussions of substantive regulation and mass justice administration can be used to enrich that course or to survey the field of classical regulation, depending on the teacher’s interests and emphasis. The problems included throughout are specifically designed to facilitate classroom discussion and review of the principles and material in the particular subsection preceding the problem. We have successfully used these problems as a basis for written assignments and class presentation. Our teachers’ manual shows how we use the problems to teach our class.
Publication Date
1985
Edition
2
Recommended Citation
Breyer, Stephen G. and Stewart, Richard B., "Administrative Law and Regulatory Policy: Problems, Text, and Cases" (1985). Faculty Books & Edited Works. 702.
https://gretchen.law.nyu.edu/fac-books-edited-works/702
