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Cases and Materials on Legislation and Regulation: Statutes and the Creation of Public Policy

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The Sixth Edition offers a comprehensive and up-to-date introduction to the vital field of legislation and regulation. It addresses efforts by President Trump to curtail the powers of the administrative state, and new Supreme Court decisions reviewing challenges to these efforts under the Constitution and the Administrative Procedure Act. In addition, the Sixth Edition expands its celebrated treatment of statutory interpretation, examining recent debates among textualists, legal process advocates, and pragmatists about future directions of interpretation in a post-Scalia era. The new edition also creates separate chapters addressed to intrinsic interpretive doctrines (dictionaries and canons) and extrinsic doctrines (the common law, legislative background, and other statutes), with each chapter highlighting recent decisions by the Supreme Court. Finally, the Sixth Edition includes important updates on the law of the legislative process―notably developments addressed to equality in representation; racial and national origin vote dilution; political gerrymandering; and bribery of public officials. The Sixth Edition makes a uniquely rich contribution to the it is perfect for 1L Legislation and Legislation-Regulation (LegReg) courses, and it remains the go-to book for upper level courses.

1257 pages, Hardcover

Published November 25, 2019

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William N. Eskridge Jr.

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April 27, 2023
1. Rector, Holy Trinity Church v. U.S., 143 US 457 (1892)
2. Taniguchi v. Kan Pacific Saipan, LTD, 566 US 560 (2012)
3. U.S. v. Costello, 7th Cir. (2012)
4. United States v. Locke, 471 US 84 (1985)
5. Bostock v. Georgia, 140 S. Ct. 1731 (2020)
6. Ali v. Federal Bureau of Prisons, 552 US 214 (2008)
7. West Virginia University Hospitals v. Casey, 449 US 83 (1991)
8. Zadvydas v. Davis, 533 US 678 (2001)
9. Wooden v. US, 142 S. Ct. 1063 (2022)
10. Digital Realty Trust, Inc. v. Somers, 138 S. Ct. 767 (2018)
11. Thorpe v. The Borough of Thorpe, 3rd Cir. (2014)
12. Whitman v. American Trucking Association, Inc., 531 US 457 (2001)
13. Gundy v. US, 139 S. Ct. 2116 (2019)
14. US v. Nova Scotia Food Products Corp., 2d Cir. (1977)
15. Securities & Exchange Commission v. Chenery Corp., 332 US 194 (1947)
16. National Labor Relations Board v. Bell Aerospace Company, 416 US 267 (1974)
17. American Mining Congress v. Mine Safety & Health Administration, DC Cir. (1993)
18. Motor Vehicle Manufacturers Association v. State Farm Mutual Automobile Insurance Co., 463 US 29 (1983)
19. Department of Commerce et. al. v. New York et. al., 139 S. Ct. 2551 (2019)
20. Skidmore v. Swift & Co., 323 US 134 (1944)
21. Chevron, USA, Inc. v. Natural Resources Defense Council, 467 US 837 (1984)
22. US v. Mead Corp., 533 US 218 (2001)
23. Kisor v. Wilkie, 139 S. Ct. 2400 (2019)
24. National Federation of Independent Business v. Department of Labor, OSHA, 142 S. Ct. 661 (2022)
25. Biden v. Missouri, 142 S. Ct. 647 (2022)
26. West Virginia v. EPA, 142 S. Ct. 2587 (2022)
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