The Legislative Process Statutory Interpretation And Administrative Agencies

This casebook is designed for a class on legislation, statutory interpretation, and regulation. It uses a combination of highly edited cases and problems to help students explore the practice of these three areas of law, with a strong emphasis on statutory interpretation. The book begins by introducing the legislative process, moves to explore in detail statutory interpretation, and ends with an introduction to the administrative state. After reading this text, students should understand how statutes are enacted and interpreted, the role that agencies play both in regulating and in interpreting statutes, and the breadth of arguments that are available to lawyers that master this topic.

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

This is the 2020 paperback printing of the casebook originally published in 2016. This casebook is designed for a class on legislation, statutory interpretation, and regulation. It uses a combination of highly edited cases and problems to help students explore the practice of these three areas of law, with a strong emphasis on statutory interpretation. The book begins by introducing the legislative process, moves to explore in detail statutory interpretation, and ends with an introduction to the administrative state. After reading this text, students should understand how statutes are enacted and interpreted, the role that agencies play both in regulating and in interpreting statutes, and the breadth of arguments that are available to lawyers that master this topic.

The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Legislative Process is the only casebook that provides in-depth coverage of the goals, structures, processes, powers, and rules of Congress and its committees and subcommittees. With its extraordinarily impressive authorship team consisting of Abner J. Mikva, Eric Lane, Michael Gerhardt, and Daniel Hemel (each of whom has had significant legislative experience), this important casebook serves as an insider's perspective on the legislative process. The book takes a practical and process-oriented approach. It provides historical context on the role and drafting and interpretation of statutes, and includes extensive use of primary materials, including bills and statutes, committee reports and debates, legislative rules, constitutional provisions and other legislative authorities, and judicial decisions. New to the Fifth Edition: Up-to-date legislative and judicial developments regarding the Voting Rights Act of 1965, the Affordable Care Act, the budget process, and other landmark congressional statutes In-depth analyses of the two impeachments of Donald Trump and Supreme Court confirmation proceedings over the last few decades Comprehensive analysis of the mechanisms, besides impeachment, for holding presidents accountable for their misconduct Consideration of various proposals for reforming the federal law-making process Professors and students will benefit from: The detailed descriptions of the law-making process within Congress Comprehensive analysis of the relative scope of major congressional powers Inside accounts of legislative activities, including committee and subcommittee work The use of the casebook as a handbook for anyone interested in knowing more, or working in, Congress or state legislatures

Administrative Law: A Casebook, Tenth Edition