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Regulatory State
The Regulatory State, Third Edition is distinguished by a practical focus on how federal administrative agencies make decisions, how political institutions influence decisions, and how courts review those decisions. With coverage tailored to 1L or upper-level courses on the regulatory state or legislation and regulation, Bressman, Rubin, and Stack use primary source materials drawn from agency rules, adjudicatory orders, and guidance documents to show how lawyers engage agencies. Additionally, this book uses an accessible central example (auto safety) throughout to make the materials cohesive and accessible, and presents legislation with attention to modern developments in the legislative pr...
The People's Agents and the Battle to Protect the American Public
Reasonable people disagree about the reach of the federal government, but there is near-universal consensus that it should protect us from such dangers as bacteria-infested food, harmful drugs, toxic pollution, crumbling bridges, and unsafe toys. And yet, the agencies that shoulder these responsibilities are in shambles; if they continue to decline, lives will be lost and natural resources will be squandered. In this timely book, Rena Steinzor and Sidney Shapiro take a hard look at the tangled web of problems that have led to this dire state of affairs. It turns out that the agencies are not primarily to blame and that regulatory failure actually stems from a host of overlooked causes. Stein...
Statutory and Common Law Interpretation
Kent Greenwalt's second volume on aspects of legal interpretation analyzes statutory and common law interpretation, suggesting that multiple factors are important for each, and that the relation between them influences both. The book argues against any simple "textualism," claiming that even reader understanding of statutes depends partly on perceived intent. In respect to common law interpretation, use of reasoning by analogy is defended and any simple dichotomy of "holding" and "dictum" is resisted.
Independent Agencies in the United States
It is essential for anyone involved in law, politics, and government, as well as students of the governmental process, to comprehend the workings of the federal independent regulatory agencies of the United States. Occasionally referred to as the "headless fourth branch of government," these agencies do not fit neatly within any of the three constitutional branches. Their members are appointed for terms that typically exceed those of the President, and they cannot be removed from office in the absence of some sort of malfeasance or misconduct. They wield enormous power over the private sector, and they have foreign analogues. In Independent Agencies in the United States, Marshall Breger and ...
Harvard Law Review: Volume 128, Number 7 - May 2015
The Harvard Law Review, May 2015, is offered in a digital edition. Contents include: • Article, “The Normalization of Foreign Relations Law,” by Ganesh Sitaraman and Ingrid Wuerth • Book Review, “The Family, in Context,” by Maxine Eichner • Note, “Forgive and Forget: Bankruptcy Reform in the Context of For-Profit Colleges” In addition, the issue features student commentary on Recent Cases and policy positions, including such subjects as: retroactive prosecution of conspiracy to commit war crimes at Guantanamo; holding a legislature in contempt for unconstitutional funding of education; bullying and criminal harassment law; first amendment implications of high school suppres...
Reading the Constitution
A provocative, brilliant analysis by recently retired Supreme Court Justice Stephen Breyer that deconstructs the textualist philosophy of the current Supreme Court’s supermajority and makes the case for a better way to interpret the Constitution. “You will not read a more important legal work this election year.” —Bob Woodward, Washington Post reporter and author of fifteen #1 New York Times bestselling books “A dissent for the ages.” —The Washington Post “Breyer’s candor about the state of the court is refreshing and much needed.” —The Boston Globe The relatively new judicial philosophy of textualism dominates the Supreme Court. Textualists claim that the right way to ...
Harvard Law Review: Volume 127, Number 5 - March 2014
The March 2014 issue (Volume 127, Number 5) features the following articles and review essays: * Article, "The Puzzling Presumption of Reviewability," Nicholas Bagley * Book Review, "Making the Modern Family: Interracial Intimacy and the Social Production of Whiteness," Camille Gear Rich * Book Review, "The Case for Religious Exemptions — Whether Religion Is Special or Not," Mark L. Rienzi * Book Review, "Courts as Change Agents: Do We Want More — Or Less?," Jeffrey S. Sutton * Note, "Improving Relief from Abusive Debt Collection Practices" In addition, student case notes explore Recent Cases on such diverse subjects as standing in increased-risk lawsuits, concealed carry permits, free s...
Justice Scalia
Justice Antonin Scalia (1936–2016) was the single most important figure in the emergence of the “new originalist” interpretation of the US Constitution, which sought to anchor the court’s interpretation of the Constitution to the ordinary meaning of the words at the time of drafting. For Scalia, the meaning of constitutional provisions and statutes was rigidly fixed by their original meanings with little concern for extratextual considerations. While some lauded his uncompromising principles, others argued that such a rigid view of the Constitution both denies and attempts to limit the discretion of judges in ways that damage and distort our system of law. In this edited collection, leading scholars from law, political science, philosophy, rhetoric, and linguistics look at the ways Scalia framed and stated his arguments. Focusing on rhetorical strategies rather than the logic or validity of Scalia’s legal arguments, the contributors collectively reveal that Scalia enacted his rigidly conservative vision of the law through his rhetorical framing.
Legal Integration and Language Diversity
How can the European Union create laws that are uniform in a multitude of languages? Specifically, how can it attain both legal integration and language diversity simultaneously, without the latter compromising the former? C.J.W. Baaij argues that the answer lies in the domain of translation. A uniform interpretation and application of EU law begins with the ways in which translators and jurist-linguists of the EU legislative bodies translate the original legislative draft texts into the various language versions. In the European Union, law and language are inherently connected. The EU pursues legal integration, i.e. the incremental harmonization and unification of its Member States' laws, f...
