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Spring 2020
LAW627  AW  THE ADMINISTRATIVE STATE: THE CURRENT MOMENT

Course Description
The administrative state is likely at both its most powerful and most beleaguered at any time in the last two generations. It is at once relied upon by presidents to achieve policy outcomes otherwise unattainable given the gridlocked legislative process. It has been asked to confront climate change, advance equality of transgender school-age children and employees, serve as the mechanism for advancing both more lenient and more restrictive immigration policies, and protect against financial vulnerability of the American worker and investor. Simultaneously, it is attacked as for undermining American economic growth and competitiveness, undermining American democracy by allowing elected officials to shirk their legislative responsibilities, underwriting the expansion of government’s reach, and allowing the well organized to further dictate our politics and policy out of the sight of the public. Expertise has been attacked by politicians and disruptive technologies. Innovations and increasing complexity call out for rational ways to protect the public, whether we are talking about vaping or the autonomous vehicle. By looking at legal and political disputes that have arisen across several different sectors of American public life, and the latest scholarly commentary, this seminar seeks to both better understand particular challenges and opportunities facing the administrative state, and hopes to place these within a larger legal-political framework for assessing their consequences and possible responses. This is a two-credit seminar, the work product for which will be response papers to readings, and a final, analytical seminar paper of approximately 25 pages that places a specific issue –e.g., climate change, affordable housing policy, Flint, Michigan, immigration, presidential removal power, the status of administrative law judges, and more—within a framework informed by administrative law and politics. While not required, some experience in a regulatory class or experience—administrative law, environmental law, immigration, securities regulation, health rights clinic, children and you clinic, immigration clinic, or summer or externship experience that provides perspective—will be very helpful in providing advance perspectives on the issues to be addressed.

Course Schedule
Dates Day Time Room
01-13-2020 - 04-21-2020   T  5:30 PM-7:20 PM G363

Course Frequency

Course Information

Credits: 2
Pass/Fail Option: No
Prerequisite:
Grading: Graded
Method of Evaluation:
Graduation Requirements Fulfilled By Course:
Writing Requirement
Special Attributes:
New Course
Course Delivery:

Special Restrictions:
Law Track(s): None
Bar Subject(s): None
Concentration(s):
Social Justice & Public Interest (Area of Focus)   More information
Social Justice & Public Interest (Concentration)   More information
Course Book(s): TBD/None      
First Class Assignment(s):
  • Assignment: Gillian Metzger, The Administrative State under Siege, 131 Harvard Law Review 1-95 (2017) https://harvardlawreview.org/wp-content/uploads/2017/11/001-095_Online.pdf This is a very long law review article. It will serve as a reference point as we address the issue related to the status of the Administrative State for the first two weeks of class. Please read Parts I and II for the first class.   

    Metzger_The Administrative State Under Siege.pdf

 
Professor(s)

COPELAND, CHARLTON


Biography
Contact Information:
Email: ccopeland@law.miami.edu
Phone: (305)284-2376
Office: G271