Administrative Law and Regulatory Policy

by Breyer, Stephen G.

• ISBN13: 9780735524156
• ISBN10: 0735524157
• Format: Hardcover
• Copyright: 2002-03-01
• Publisher: Wolters Kluwer

Summary

Administrative Law and Regulatory Policy: Problems, Text, and Cases, Fifth Edition, provides a solid foundation to help students master the principles of Administrative Law in an era of change. This renowned casebook retains the strengths that have made it so popular through previous editions: impeccable authorship logical organization that reflects the major components of administrative procedure and reveals the interaction between doctrine and procedure as well as bureaucratic and political factors at work plentiful notes and problems that reinforce the cases and aid in surveying administrative regulation exceptionally insightful historical material on the rise of regulation And The role of the New Deal in changing American government full coverage of the economic aspects of regulatory control, including cost-benefit analysis detailed treatment of the goals and performance of the regulatory state, including regulatory aspirations, successes, and failures, To give students a deep and rich understanding of the subject new information on the regulation of telecommunications detailed new material on important developments regarding the separation of powers, energy policy And The environment, and administrative law issues raised by potential conflicts new case study section on the joint U.S. Supreme Court/D.C. Circuit decision on the nondelegation doctrine in the context of the Clean Air Act unique discussion of the use of cost-benefit analysis in the Bush and Clinton administrations, not covered by any other casebook, And The legal challenges likely to arise in the next decade additional cases (Brown & Williamson, American Trucking) and new developments regarding the Chevron doctrine, The FDA's effort to regulate tobacco, The status of interpretive rules, And The power of the EPA more background information on cases for a fuller exploration of the issues

Table of Contents

Contents	xiii
Table of Abbreviations	xxxix
Preface to the Fifth Edition	xIi
Preface to the First Edition	xIiii
Acknowledgments	xIv
Introduction	1	(36)
The Book's Content and Organization	1	(2)
What Is Administrative Law?	3	(1)
Regulation	4	(33)
The Constitutional Position of the Administrative Agency	37	(128)
Introductory Note: Separation of Powers and (or) Checks and Balances	37	(2)
The Agency's Power to Legislate	39	(4)
The Nondelegation Doctrine in Federal Law	43	(44)
The Executive and the Agencies	87	(57)
The Agency's Power to Adjudicate	144	(21)
Administrative Discretion, Administrative Substance, and Regulatory Performance	165	(62)
Political Legitimacy and the Concentration of (Unchecked?) Power	166	(2)
Criticisms of Administration	168	(21)
Alternative Remedies for Regulatory ``Failure''	189	(38)
The Scope of Judicial Review --- Questions of Fact, Law, and Policy	227	(262)
Review of Questions of Fact	228	(32)
The ``Constitutional Fact'' Doctrine: Notes on Ratemaking	260	(8)
Review of Questions of Law	268	(16)
Chevron: Synthesis or Revolution?	284	(131)
The ``Arbitrary and Capricious'' Standard and the Hard Look Doctrine	415	(74)
``Common Law'' Requirements: Clarity, Consistency, ``Fairness''	489	(152)
Does the Constitution Require Agencies to Make Rules?	490	(25)
Requiring Consistent Explanation: The Chenery Litigation	515	(14)
Consistent Adjudication, the FCC, and ``Public Interest'' Allocation	529	(61)
Consistency in Applying Regulations: ``An Agency Must Follow Its Own Rules''	590	(17)
Estoppel and Res Judicata	607	(18)
Requiring Consistency to Safeguard Expectations --- Problems of Retroactivity	625	(16)
Procedural Requirements in Agency Decisionmaking: Rulemaking and Adjudication	641	(246)
Rulemaking and Adjudication: The Constitutional Distinction	642	(10)
The Procedural Requirements of the APA and the Interplay between Rulemaking and Adjudication	652	(90)
The Scope of the Right to Decision on the Record	742	(29)
Off-the-Record Communications by Agencies with Other Federal Government Officials	771	(9)
Due Process Hearing Rights and the ``New Property''	780	(2)
Public Disclosure of Agency Information and Decisionmaking	782	(105)
Agency Decisionmaking Structure	887	(64)
The Combination of Functions within a Single Agency	887	(64)
The Availability and Timing of Judicial Review	951	(226)
Jurisdiction and Sovereign Immunity	952	(11)
Damage Actions against Government and Government Officers	963	(14)
Reviewability	977	(46)
Standing to Secure Judicial Review	1023	(93)
The Timing of Review: Ripeness, Finality, and Exhaustion	1116	(61)
Appendix A: Selected Provisions from the Federal Administrative Procedure Act	1177	(26)
Appendix B: Selected Provisions from the Unfunded Mandates Reform Act	1203	(8)
Appendix C: Negotiated Rulemaking and Alternative Dispute Resolution Act	1211	(14)
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	1225	(2)
Table of Cases	1227	(16)
Index	1243