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Course Description
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Administrative governance addresses issues central to the daily lives of Americans, including, but not limited to, immigration reform, education, civil rights, financial regulation, environmental protection, and auto safety. Indeed, in an age of polarized government, the administrative state has taken on an increased importance in American governance. Administrative law encompasses several different substantive areas, and is fundamentally about the creation, legitimation and control of bureaucratic decision making in a democracy. Though the course focuses primarily on national administrative agencies and the federal courts, familiarity with administrative law and process is essential for the practice of law at both the federal and state level. Administrative law deals with three issues: (1) what powers may be delegated to administrative agencies; (2) the manner in which agencies use their delegated power, e.g., through rulemaking or adjudication; and (3) the ways in which administrative agencies are disciplined by the political branches, the courts and private parties. The first issue raises questions largely related to the status of administrative agencies in the constitutional framework—i.e., whether and to what extent Congress may delegate to substantive decision-making authority to administrative agencies. The second issue deals almost exclusively with the procedural requirements imposed on administrative agencies when engaged in their “law creation” function. Finally, the third issue addresses questions of the availability and scope of judicial review, and the formal and informal ways that the political branches attempt to constrain agency discretion. The primary focus of this class, as an introductory class, will be to develop a working knowledge of the key doctrinal components of this area of the law. However, we will also think broadly about the justifications for the administrative state, which has been with us since the very first days of the Republic, and test those against our substantive ideals about democracy, deliberation, accountability, and effective governance. In addition to a Final Examination, students grades will be based on a book review essay due mid-semester. Students are free to choose one of several books selected by the professor.
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Course Schedule
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08-12-2019 - 11-21-2019
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MTR
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11:00 AM-12:20 PM
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F109
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Course Frequency
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This course is usually offered every semester
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Course Information
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Credits:
4
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Pass/Fail Option:
Yes
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Prerequisite:
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Grading:
Graded
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Method of Evaluation:
Final Examination
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Graduation Requirements Fulfilled By Course:
General
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Special Attributes:
None
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Course Delivery:
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Special Restrictions:
Students enrolled in the course are required to obtain a subscription to the Washington Post.
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Law Track(s):
Admiralty
- Related
Business & Taxation
- Basic
Criminal Law
- Related
Employment & Labor
- Basic
Entertainment, Music, & Sports
- Related
Environment & Natural Resources
- Basic
Government & Regulation
- Basic
Health & Medical
- Related
Immigration
- Basic
Intellectual Property
- Related
Litigation
- Related
Real Property
- Related
Social Justice
- Basic
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Bar Subject(s):
None
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Concentration(s):
Business Compliance and Sustainability (Area of Focus)
More information
Business Compliance and Sustainability (Concentration)
More information
The Business of Innovation, Law and Technology: BILT (Concentration)
More information
Environmental Law (Area of Focus)
More information
Immigration, Asylum, and Citizenship Law Area of Focus (Area of Focus)
More information
Social Justice & Public Interest (Area of Focus)
More information
Social Justice & Public Interest (Concentration)
More information
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Course Book(s):
Textbook Required:
Yes
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Textbook Name: Bending the Rules: Procedural Politicking in the Bureaucracy
Textbook Type: Paperback
Requirement: Required
Author: Potter
Publisher: University of Chicago Press
Edition: 2019
ISBN: 978-0226621746
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Textbook Name: Administrative Law
Textbook Type: Hardcover
Requirement: Required
Author: Lawson
Publisher: West Academic
Edition: 8th edition
ISBN: 978-1640201491
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First Class Assignment(s):
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Assignment:
First Assignment:
Felix Frankfurter, The Task of Administrative Law
Section 212(a)(1182) of the Immigration and Nationality Act
Notice for Proposed Rulemaking: Designating Aliens for Expedited Removal
Second Assignment:
Motor Vehicle Safety Act of 1966
Final Rule: Federal Motor Vehicle Safety Standards
Jerry Mashaw, "The Story of Motor Vehicle Mfrs Ass'n of the US v State Farm Mutual Automobile Ins. Co: Law, Science and Politics in the Administrative State," in Administrative Law Stories.
Material:
Required Texts:
Gary Lawson, Federal Administrative Law (8th ed. 2019).
Additional cases will be provided through TWEN.
Useful Study Texts:*
Richard Pierce, Sidney Shapiro & Paul Verkuil, Administrative Law and Process (2009).*
Abner Mikva & Eric Lane, An Introduction to Statutory Interpretation and the Legislative Process (2007)*
William N. Eskridge, Jr., Interpreting Law: A Primer on How to Read Statutes and the Constitution (2016)*
Harry T. Edwards & Linda A. Elliott, Federal Standards of Review: Review of District Court Decisions and Agency Actions (2007)*
Ernest Gelhorn & Ronald Levin, Administrative Law and Process (Nutshell Series) (recommended primarily for a quick review of the semester at the beginning of your study period, rather than for regular reference).
Task of Administrative Law.pdf
INA_Fall 2019.pdf
NPR_Designating Aliens for Expedited Removal.pdf
Motor Vehicle Safety Act of 1966.pdf
Final Rule_Passive Restraints_1981.pdf
Mashaw_MVM v State Farm.pdf
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View Book Information
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