Citation:
Handbook of Regulation and Administrative Law, David H. Rosenbloom and Richard D. Schwartz, (eds), (New York: Marcel Dekker, Inc., 1994), 560 pp.
Handbook of Regulation and Administrative Law will be of interest to those who seek an understanding of administrative law and regulation. The work is divided into six sections, the first of which contains two essays which constitute an overview of the subject. The first of these examines the evolution of the administrative state and transformation of administrative law. The author examines important legislative actions which have helped to create the administrative state. Further, he attributes some of this evolution to the rights revolution which increased statutory rights since the New Deal era. The second essay addresses what the author terms ?the new separation and delegation of powers doctrine'. He addresses the separation inherent in the intentions of the original framers and explicit in subsequent congresses. He also addresses the effect of the Myers (1926) case on the growth of separation in jurisprudence. The conclusion of this essay addresses separation: and balance since Word War II, and the presidency.
The second section is devoted to trends in regulatory administration. The first essay examines trends in social regulation. The next essay discusses regulation and deregulation in an historical context. The author examines regulation in: surface transportation, aeronautics, agriculture, and commercial banking. Deregulation of: the airlines, trucking, and finance are considered. The third essay in this section examines State regulation and offers a model of regulatory politics. The influence of: the legislature, the governor, interest groups, industry, consumers, and the need for economic development, on State regulation is discussed. The next essay examines the necessity of a familiarity with environmental law to the administrator. The erosion of governmental liability has resulted in administrative concern over: hazardous waste, litigation, Superfund, and Resource and Conservation and Recovery Act liabilities. This essay is followed by one which examines regulatory takings law. Paul Stephen Dempsey examines the political and economic aspects of regulation and deregulation with a closer examination of the deregulation of: the airlines and surface transportation. Bernard Schwartz addresses several crucial issues in administrative law with particular focus on the Chevron doctrine.
The third section is devoted to the consideration of adjudication, the first essay of which is an overview. Jeffrey S. Lubbers examines the management of federal agency adjudication. He begins with an overview of an agency case which leads him to the consideration of the possibility of management of administrative law judges (AJLs). The last essay in this section examines the Federal Trade Commission and antitrust policy in the Reagan era. Section four considers rules and their enforcement. The first of three essays in this section examines the elements of rule-making: the legal requirements of the process , the management of rule-making and judicial review. Robert A. Kagan addresses regulatory enforcement with emphasis on: regulatory variability. The final essay of this section discusses the management of regulatory enforcement in the United States. Two essays comprise the fifth section. The first of these addresses federal information policy and administrative law. The second essay examines regulatory bias and conflict of interest in regulation. The final section considers: discretion, administrative democracy, and, bureaucracy and the public in three separate essays.
Handbook of Regulation and Administrative Law is a comprehensive examination of the topic at hand. Each essay is heavily annotated and the index is particularly useful for the reader searching for a particular topic in this lengthy work.