The distinctive approach used by Funk, Shapiro &amp; Weaver is characterized by two innovations. First, the primary pedagogical tool is problem solving. The second innovation, related to the first, is to orient the course around administrative law practice, rather than theory. While theory is not ignored, it arises out of the crucible of reality-based problems, providing a basis for students to appreciate the theory. The practice orientation is reflected in the problem approach, which involves the administrative process at all stages, from lobbying, internal agency deliberations, and client counseling to the more traditional judicial review. The Third Edition retains the approach of the original edition, and most of the problems and problem materials from the last edition are also retained. However, based on the feedback of users, the authors have fine-tuned some of the existing problems and replaced others and, of course, have updated the book in light of judicial and legislative developments that have occurred since the last edition.

Administrative Procedure and Practice: Problems and Cases (American Casebook Series)

William F. Funk

Sidney A.Shapiro

Russell L.Weaver

Administrative Law

Thomson/West

Risk Regulation at Risk: Restoring a Pragmatic Approach

In the 1960s and 1970s, Congress enacted a vast body of legislation to protect the environment and individual health and safety. Collectively, this legislation is known as “risk regulation” because it addresses the risk of harm that technology creates for individuals and the environment. In the last two decades, this legislation has come under increasing attack by critics who employ utilitarian philosophy and cost-benefit analysis. The defenders of this body of risk regulation, by contrast, have lacked a similar unifying theory. In this book, the authors propose that the American tradition of philosophical pragmatism fills this vacuum. They argue that pragmatism offers a better method for conceiving of and implementing risk regulation than the economic paradigm favored by its critics. While pragmatism offers a methodology in support of risk regulation as it was originally conceived, it also offers a perspective from which this legislation can be held up to critical appraisal. The authors employ pragmatism to support risk regulation, but pragmatism also leads them to agree with some of the criticisms against it, and even to level new criticisms of their own. In the end, the authors reject the picture―painted by risk regulation’s critics―of widely excessive and irrational regulation, but the pragmatic perspective also leads them to propose a number of recommendations for useful reforms to risk regulation.

Business & Money

Robert L. Glicksman

Economics

Stanford University Press

The central theme of Regulatory Law and Policy is the concept that the practice of regulatory law involves the interrelationship of law, policy analysis, and politics. While the legal limits of regulation are explored in many law school courses, this book emphasizes policy analysis and politics. Part I explores government regulation and examines the contextual background of the regulatory state. Parts II and III examine various economic and social justifications for government regulation. 
 In the third edition, the authors retain the original focus of the book but reflect the important legal and policy developments that have occurred since the last edition, including: 
<li> the fate of the Telecommunications Act of 1996; </li>
<li>the collapse of the airline industry; </li>
<li>new farm subsidy legislation; </li>
<li>the fate of the 1996 welfare reform legislation; </li>
<li>the No Child Left Behind Act of 2001, reforming federal educational support; and </li>
<li>significant new Supreme Court cases, especially those involving takings law and commercial free speech.</li>

Regulatory Law and Policy: Cases and Materials

Joseph P. Tomain

LexisNexis

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Books by Sidney A.Shapiro