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Cases and Materials on Legislation and Regulation: Statutes and the Creation of Public Policy
The Sixth Edition offers a comprehensive and up-to-date introduction to the vital field of legislation and regulation. It addresses efforts by President Trump to curtail the powers of the administrative state, and new Supreme Court decisions reviewing challenges to these efforts under the Constitution and the Administrative Procedure Act. In addition, the Sixth Edition expands its celebrated treatment of statutory interpretation, examining recent debates among textualists, legal process advocates, and pragmatists about future directions of interpretation in a post-Scalia era. The new edition also creates separate chapters addressed to intrinsic interpretive doctrines (dictionaries and canons) and extrinsic doctrines (the common law, legislative background, and other statutes), with each chapter highlighting recent decisions by the Supreme Court. Finally, the Sixth Edition includes important updates on the law of the legislative process—notably developments addressed to equality in representation; racial and national origin vote dilution; political gerrymandering; and bribery of public officials. The Sixth Edition makes a uniquely rich contribution to the field: it is perfect for 1L Legislation and Legislation-Regulation (LegReg) courses, and it remains the go-to book for upper level courses.
Imprint: West Academic Publishing
Series: American Casebook Series
Publication Date: 11/25/2019
William N. Eskridge Jr., Yale University Law School
James J. Brudney, Fordham University School of Law
Josh Chafetz, Georgetown University Law Center
Philip P. Frickey, University of CA-Berkeley School of Law
Elizabeth Garrett, Cornell University Law School
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- The Sixth Edition includes important updates on the law of the legislative process—notably developments in caselaw and scholarship addressed to electoral structures (one person-one vote; racial and national origin vote dilution; political gerrymandering); campaign finance; bribery of public officials; and statutory interpretation of initiatives.
- In addition, the Sixth Edition continues and expands its in-depth treatment of the theory and practice of statutory interpretation. This treatment includes recent debates among textualists, legal process theorists, and pragmatists about future directions of interpretation in a post-Scalia era. In terms of practice, the new edition creates separate chapters addressing intrinsic sources (dictionaries and canons) and extrinsic sources (influences of the common law, legislative background, other statutes), focusing on new directions taken by the Supreme Court.
- The Sixth Edition also addresses Trump-era developments involving the law of regulation, including the nondelegation doctrine at the state level as well as national; new court decisions addressing appointment and removal powers and implementation of the Administrative Procedure Act; and efforts by Congress and the Trump Administration to roll back certain powers and prerogatives of the regulatory state.
Learn more about this series.
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