Abstract

http://ssrn.com/abstract=1094977
 
 

Citations (4)



 
 

Footnotes (224)



 


 



Law and Governance in the 21st Century Regulatory State


Jason M. Solomon


Stanford Law School


UGA Legal Studies Research Paper No. 08-005
Texas Law Review, Vol. 86, 2008

Abstract:     
Legal scholarship and pedagogy on the regulatory state are at parallel, important junctures, and two new books stand at the cutting edge. The first, Law and New Governance in the EU and the US, edited by Gráinne de Búrca and Joanne Scott, is a collection of works by some of the leading scholars in the "new governance" field. The second, The Regulatory and Administrative State: Materials, Cases, Comments, by Lisa Heinzerling and Mark Tushnet, is one of the first casebooks for a class on the regulatory state, as well as the first book from Oxford University Press's new Twenty-First Century Legal Education series.

In this review essay, I aim to link these two books and the developments in the legal academy for which they stand: the scholarly effort to rethink the role of the state in the twenty-first century and the curricular effort to make courses on the regulatory state a core part of legal education. I think both books are tremendously important and largely succeed on their own terms. But I argue that they share a common flaw: a lack of attention to the "adversarial legalism" that pervades American policymaking and implementation, and the role of lawyers. This inadequacy threatens both the power of new governance as an overarching regulatory theory and the pedagogical potential of promising curricular reforms. I suggest future directions for new governance scholarship, and for courses on lawyering in the regulatory state.

Number of Pages in PDF File: 39

Keywords: Regulatory state, Legal pedagogy

JEL Classification: K23

Accepted Paper Series





Download This Paper

Date posted: February 19, 2008  

Suggested Citation

Solomon, Jason M., Law and Governance in the 21st Century Regulatory State. UGA Legal Studies Research Paper No. 08-005; Texas Law Review, Vol. 86, 2008. Available at SSRN: http://ssrn.com/abstract=1094977

Contact Information

Jason M. Solomon (Contact Author)
Stanford Law School ( email )
559 Nathan Abbott Way
Stanford, CA 94305-8610
United States
650-736-6080 (Phone)
Feedback to SSRN


Paper statistics
Abstract Views: 1,903
Downloads: 438
Download Rank: 36,612
Citations:  4
Footnotes:  224

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo2 in 0.282 seconds