Available in paperback. Printed 2nd ed. Wolters Kluwer, 2013 (with Lisa Bressman & Kevin Stack)
The Regulatory State.
This widely-adopted legal coursebook introduces the study of regulatory law into the first year law school curriculum. The required first year program has continued to consist primarily of common law courses such as tort and contracts, while ignoring the legal developments of the past century that have largely replaced common law with an extensive regulatory regime. Using the extended (and always timely) example of automobile safety regulation, this book introduces students to the basic contours of the modern American legal system. It explains the place of administrative agencies in the system, describes the process of legislation, instructs students how to read statutes by discussing the judicial doctrine on this topic, explores the various methods of agency implementation of statutes, and then discusses the way that the President, Congress and the federal courts control American administrative agencies.