Cases and Materials on Legislation and Regulation, Statutes and the Creation of Public Policy, 6th, 2021 Supplement

by William N. Eskridge Jr., James J. Brudney, Josh Chafetz

The 2021 Supplement incorporates important developments that have arisen or deepened since the publication of the sixth edition of the casebook in 2020. These developments include Notes on Reconciliation and the Filibuster in Chapter 1; Supreme Court decisions addressed to the law of representational structures in Chapter 2 ( Brnovich v. Democratic National Committee ) and to theories of statutory interpretation in Chapter 5 ( Bostock v. Clayton County and Niz-Chavez v. Garland ); extended Notes on original public meaning and a newer textualism in Chapter 5 and a Note on continuing debate over the series qualifier canon in Chapter 6 ( Facebook Inc. v. Duguid ).

The Supplement further includes treatment of a number of recent Supreme Court decisions in Chapter 8, on appointment and removal ( Seila Law LLC v. Consumer Finance Protection Bureau ; Collins v. Yellin ; and United States v. Arthrex ); on notice and comment rulemaking ( Federal Communications Commission v. Prometheus Radio Project ); and on judicial review of agency rules ( Department of Homeland Security v. Regents of the Univ. of California ); and an extended Note on Executive Orders and the Regulatory Process in the Trump and Biden Eras. Finally, the Supplement covers a recent Supreme Court decision addressing deference to agency interpretations in Chapter 9 ( Epic Systems Corp. v. Lewis ).

Genres: Law, Nonfiction, Textbooks, School

118 pages, Paperback

First published January 1, 1988

Reviews

[Danny · Rating 3 out of 5]

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)

[Paul · Rating 1 out of 5]

Huffing chloroform is less soporific than the content of this casebook. I also find it extremely odd how the cases are edited, they take all of the analysis from the opinion and leave you with the most boring history lessons ever discussed. Do yourself a favor and just use Westlaw to read the cases. Additionally, the authors are discernibly biased toward the left and prefer editorializing on their political agenda to actually providing rules or allowing students to know the opinions of the courts.

[Caleb · Rating 1 out of 5]

Way too long; I could write a more appropriate textbook if someone paid my salary for five months (maybe four).

[Courtney · Rating 1 out of 5]

The organization of this casebook is just awful.