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About the Book

Administrative Law and Regulatory Policy

Front Cover - Administrative Law and Regulatory Policy

Eighth Edition 


Stephen G. Breyer
Associate Justice United States Supreme Court 

Richard B. Stewart
New York University School of Law

Adrian Vermeule
Harvard Law School

Michael E. Herz
Benjamin N. Cardozo School of Law

2017. 1150 pages. ISBN: 978-1-4548-5791-4.

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About the Book

Outstanding authorship, rich materials, and comprehensive coverage are the hallmarks of the eighth edition of Administrative Law and Regulatory Policy. Administrative procedure is examined in light of substantive policy debates in areas such as health, safety, environmental protection, and economic regulation. Questions, notes, and problems support thoughtful reading and analysis of Supreme Court decisions, agency rulemaking and adjudication, and matters of contemporary debate.


New to the Eighth Edition:

  • Revised and expanded coverage of various issues, including: delegation to private parties; recess appointments; OIRA Review; judicial deference to agency interpretations; notice-and-comment rulemaking; general statements of policy; and agency transparency.
  • Streamlined text and revised Notes and Questions
  • Incorporation of Important Supreme Court and Circuit Court decisions, including: Perez v. Mortgage Bankers Association, 135 S. Ct. 1199 (2015); United States v. Texas, 809 F.3d 134 (5th Cir. 2015); Clapper v. Amnesty International USA, 133 S. Ct. 1138 (2013); City of Arlington, Texas v. FCC, 133 S. Ct. 1863 (2013); Decker v. Northwest Environmental Defense Center, 133 S. Ct. 1326 (2013), Michigan v. EPA, 135 S. Ct. 2699 (2015); & King v. Burwell, 135 S. Ct. 2480 (2015).
  • Updated Statutory Appendix
Casebook Features:

  • Logical organization that reveals the interaction of doctrine and procedure, as well as bureaucratic and political factors.
  • Notes and Problems that methodically explore all aspects of regulatory law and policy.
  • Historical background material that traces evolution and growth of the administrative state from the New Deal era and discussion of issues of contemporary concern. 
  • Focused exploration of the underlying policy justifications for various administrative agency tools.

Preface / Sample Chapters