Lawyers and Regulation :The Politics of the Administrative Process ( Cambridge Studies in Law and Society )

Publication subTitle :The Politics of the Administrative Process

Publication series :Cambridge Studies in Law and Society

Author: Patrick Schmidt;  

Publisher: Cambridge University Press‎

Publication year: 2005

E-ISBN: 9781316940259

P-ISBN(Paperback): 9780521844659

P-ISBN(Hardback):  9780521844659

Subject: D9 Law

Keyword: 法律

Language: ENG

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Description

A close study of lawyers who practise occupational safety and health law in the US. This book is a close study of lawyers who practise occupational safety and health law in the United States, using detailed interview and survey data to explore the roles that lawyers have as representatives of companies, unions, and OSHA (the Occupational Safety and Health Administration). This book is a close study of lawyers who practise occupational safety and health law in the United States, using detailed interview and survey data to explore the roles that lawyers have as representatives of companies, unions, and OSHA (the Occupational Safety and Health Administration). This book is a close study of lawyers who practise occupational safety and health law in the United States, using detailed interview and survey data to explore the roles that lawyers have as representatives of companies, unions, and OSHA (the Occupational Safety and Health Administration). Placed in the context of evolving understandings of regulatory politics as a problem of public-private interaction and negotiation, the book argues that lawyers adapt to multiple roles in what prove to be highly complex settings. The core chapters examine stages of the administrative process where various groups attempt to shape the immediate outcomes and the development of OSHA law. These stages include administrative rulemaking, post-rulemaking litigation of government standards, regulatory enforcement, and compliance counseling by lawyers. 1. Introduction; 2. The contours of a regulatory bar; 3. Administrative rulemaking; 4. Rulemaking litigation; 5. Enforcement; 6. Regulatory counseling; 7. Conclusion; Appendix 1: Research methods; Appendix 2: Survey instrument.

Chapter

Frustrating democratic aspirations/lawyers as friction

Lawyers and the complexity of regulatory politics

Adversaries in focus: occupational safety and health and a century of conflict

Beyond American shores

Organization of chapters

2 The contours of a regulatory bar

The organization of the OSHA bar

The OSHA bar: demographics and characteristics

Location and size of practices

Social background: age

Social background: sex and race

Social background: religion

Social background: political party affiliation

Socialization to the law: law school

Socialization to OSHA law: career experiences

Conclusion

3 Administrative rulemaking

OSHA rulemaking in overview

Lawyers and their clients

Who uses lawyers?

When are lawyers hired?

What do clients want?

Lawyers and hybrid rulemaking

Patrolling the record: rulemaking as preparation for litigation

Written submissions

Rulemaking hearings

Conclusion

4 Rulemaking litigation

Strategic suits and settlements

Protecting clients’ interests: internal motivations for suits

Protecting clients’ interests: anticipating settlement

Protecting clients’ interests: anticipating the courtroom

The Lockout/Tagout rulemaking

The Edison Electric Institute: keeping the agency at bay

The American Petroleum Institute: desperation diplomacy

The National Association of Manufacturers: late arrivals to the dance

Lessons learned

Lawyers and the search for consensual rulemaking

Conclusion

5 Enforcement

Divided ground: participants and process

The Occupational Safety and Health Administration

The Solicitor’s Office of the Department of Labor

The Occupational Safety and Health Review Commission

Employees and labor unions

Congress

Clients under investigation

Subject to an investigation: the call to counsel

Know thy enemy: expectations and reputations

Styles of lawyering in regulatory enforcement

Lawyers and settlement in regulatory enforcement

Pressure: leading issues in enforcement disputes

The path to success: points of resolution

Conclusion

6 Regulatory counseling

Of professional norms and legal ethics

Attorneys and OSHA counseling

Ignorance and sophistication among clients

Prophets of the law

Counseling for inspection preparedness

Measures of success

Conclusion

7 Conclusion

Lawyers as interest representatives

Making politics, making law

Appendix 1 Research methods

Interview data

Written survey data

Archival records and agency data

Appendix 2 Survey instrument

I. Description of practice

II. Background information

III. OSHA enforcement and counseling experience

IV. OSHA Policy and Rulemaking Experience

V. Important issues for OSHA practitioners

NOTES

1 Introduction

2 The contours of a regulatory bar

3 Administrative rulemaking

4 Rulemaking litigation

5 Enforcement

6 Regulatory counseling

7 Conclusion

Appendix 1 Research methods

Bibliography

Federal Register documents

Newspapers and Industry Reporters

Index

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