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Legislation and the Regulatory State

by Samuel Estreicher Author · David L. Noll Author


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Estreicher & Noll's Legislation and the Regulatory State provides an accessible, up-to-date introduction to the institutions and procedures of the modern regulatory state. Designed to emphasize regulatory policy and the practical aspects of administrative lawyering, the casebook explores Congress's reasons for regulating and the choices it makes when enacting legislation, the legislative process and tools of statutory interpretation, administrative agencies' position within the Constitution's system of separated powers, the Administrative Procedure Act, and judicial review of agency action.

Revised and streamlined throughout, the second edition covers recent developments including:

  • the controversy over the Obama administration's immigration initiatives and other cases from the Supreme Court's October Term 2016,
  • the Trump administration's early executive actions, and
  • proposals to curb agencies' authority pending in the 115th Congress.

    The second edition also includes expanded materials on the theory of federal regulation, informal agency adjudication, notice-and-comment rulemaking, and Article III limits on judicial review of agency action.

  • Publication Details

    Carolina Academic Press
    Publication Date:


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