The regulatory and administrative state : materials, cases, comments

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Where to find it

Law Library — 2nd Floor Collection (2nd floor)

Call Number
KF5407.A4 H45 2006
Status
Available

Summary

The casebook introduces students to the reasons for regulation, the ways in which regulation can go awry, the choice of legal institutions, the choice of regulatory instruments, and the art of statutory interpretation. The book uses several substantive subject areas as recurring themes, all involving the regulation of risk. The primary market for this casebook are law students taking a course on the Regulatory State; a secondary market may be found in schools of public policy.

Contents

Legal responses to the problem of allocating risk -- An economic perspective -- Alternative perspectives -- Doctrinal limits -- Institutional strengths and limits -- Linking common law and statutes : the case of workers' compensation -- Statutory interpretation : the basic issues -- From statutes to rules -- Assessing regulation -- Information provision -- Standard setting : feasibility, health, technology, and trading -- The nondelegation problem -- Political approaches to choices among regulatory institutions -- Comparative approaches -- Proposals for reform.

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