Also known as:regulatory policy · regulations · regulatory framework
Written by attorneys · grounded in primary & secondary sources — see below
A category of public policies in which government makes direct choices allocating benefits and burdens by selecting which applicants or parties will be favored and which deprived.
Sources & Authorities· 30 primary sources
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Cases
Statutes
How it applies
Common Examples
4
License Allocation Dispute
Roland Rhodes applies for a broadcast frequency under a federal policy awarding only one license per market. The agency selects a larger competitor instead. Roland files suit in federal district court asserting that the denial violates federal law.
Landmark Preservation Rule
Radiant Technologies owns a historic building subject to a city regulatory policy barring exterior alterations. The rule substantially advances preservation interests yet leaves the owner a reasonable beneficial use. The company brings a takings claim alleging economic harm and interference with investment expectations.
Zoning Restriction Challenge
Put it into practice
Test Yourself
10
Practice Questions5
Federal Rules
Uniform Acts
Model Codes
Restatements
Study Supplements
Rita Russell seeks to enforce a private covenant against a neighbor's development. The city zoning ordinance already limits the same land use. A court determines the public land-use regulation is not a servitude and therefore does not run with the land under private-law rules.
Must-Carry Obligation
Radiance Media, a cable operator, challenges a federal regulatory policy requiring carriage of local broadcast stations. The rule advances important interests unrelated to speech suppression. The court applies intermediate scrutiny to determine whether the burden on speech is narrowly tailored.
Common questions
Frequently Asked
1
How do regulatory policies differ from distributive policies?+
Regulatory policies involve direct choices that identify specific winners and losers among applicants. Distributive policies spread benefits more broadly without such zero-sum selections. The distinction turns on whether the decision immediately indulges some parties and deprives others.
Supporting sources
Business Associations RelationshipsManagement and control of corporations and limited liability companies · CorporationsNEXTGENFoundational