Edward L. Rubin

Lisa Schultz Bressman

Kevin M. Stack

Distinguished by a practical focus on how federal administrative agencies make decisions and how political institutions influence and courts review those decisions, with coverage tailored to 1L or upper-level courses on the regulatory state or legislation and regulation. Uses primary source materials drawn from agency rules, adjudicatory orders, and guidance documents to show how lawyers engage agencies. Uses an accessible central example (auto safety) throughout to make the materials cohesive and accessible. Presents legislation with attention to modern developments in the legislative process. Presents statutory interpretation in useful terms, highlighting the “tools” that courts employ as well as the theories that judges and scholars have offered. New to the 4th Edition: Significant New Supreme Court decisions, with detailed Notes, on: textual statutory interpretation (Bostock v. Clayton County) the Major Questions Doctrine (West Virginia v. EPA) and the shifting Chevron framework arbitrary and capricious review (FCC v. Prometheus Radio Project) New Presidential and OIRA documents reshaping regulatory review, including: Executive Order on Modernizing Regulatory Review (Exec. Order 14094) Draft Revisions to Circular A-4 on Regulatory Analysis Updated coverage on scientific analysis in agency decision making New treatment of distributional analysis and consideration of equity in agency decision making Benefits for instructors and students: Tools-based approach that highlights the methods of analysis that agencies, courts, and lawyers utilize Use of an accessible central example as a familiar entry point into a complex legal area Primary source materials—agency documents, including notice-and-comment rules, adjudicatory orders, agency guidance, and more Empirical data, normative/theoretical questions, practical examples

The Regulatory State

Malcolm M. Feeley

Investigates the role of federal judges in prison reform, and policy making in general.

How the Courts Reformed America's Prisons

Judicial Policy Making and the Modern State

"Edward Rubin has temporarily exchanged his academic cap for a novelist's hat and has written a powerful cli-fi novel set in the near future. "He knows that "Mad Max," "The Hunger Games," "Waterworld," "The Walking Dead," and innumerable other books, movies and TV series attract large audiences by portraying a future where society has been devastated by war, disease, environmental calamity or supernatural disaster. Such post-apocalyptic tales constitute an important and widely-popular genre. "As a novelist, Rubin wants to place his own cli-fi footprint in the sands of time and hopes that his book will serve as a kind of warning flare for readers now and in the future." -- Dan Bloom, The Cli-Fi Report

The Heatstroke Line: A CLI-Fi Novel

Morality is not declining in the modern world. Instead, a new morality is replacing the previous one. Centered on individual self-fulfillment, and linked to administrative government, it permits things the old morality forbid, like sex for pleasure, but forbids things the old morality allowed, like intolerance and inequality of opportunity.

The New Morality and the Modern State

Soul, Self, and Society

Rob van Gestel

Hans-W. Micklitz

Although American scholars sometimes consider European legal scholarship as old-fashioned and inward-looking and Europeans often perceive American legal scholarship as amateur social science, both traditions share a joint challenge. If legal scholarship becomes too much separated from practice, legal scholars will ultimately make themselves superfluous. If legal scholars, on the other hand, cannot explain to other disciplines what is academic about their research, which methodologies are typical, and what separates proper research from mediocre or poor research, they will probably end up in a similar situation. Therefore we need a debate on what unites legal academics on both sides of the Atlantic. Should legal scholarship aspire to the status of a science and gradually adopt more and more of the methods, (quality) standards, and practices of other (social) sciences? What sort of methods do we need to study law in its social context and how should legal scholarship deal with the challenges posed by globalization?

Edward L. Rubin

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