The Regulatory State, Fourth Edition

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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