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Course Description
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Most laws that Congress passes require implementation. For a very wide variety of areas the instrument of that implementation is a federal agency. As a result, in the United States a multitude of governmental agencies exercise authority over the economy, and over the lives of every American. These agencies have the power to make legally binding rules (aka "regulations" or "red tape"), to issue valuable permits and licenses, to levy fines, and to adjudicate. Indeed, one agency, the Social Security Administration, decides more cases every year than all the state and federal courts combined. This is a course about laws and rules that bind federal agencies, and thus about the extent to which federal agencies can make rules and decisions that bind us. It surveys the means by which people (and their lawyers) can challenge or influence administrative exercises of authority in the face of often broad or ambiguous delegations of authority from Congress and in particular how and when agency decisions are subject to judicial review. Always lurking is the question of how we reconcile our dependence on an unelected, expert bureaucracy with our commitments to a government that is democratically accountable and legitimate. Administrative Law is vitally important for anyone contemplating a practice that might involve federal regulations in any way. It is particularly valuable for students who are considering a practice involving highly regulated areas such as: Communications, Disability, Energy, Environment, Family and Child Services, Financial Markets, Immigration, Labor, Housing, or Land Use, but it is also relevant to almost every other area of practice. For the Fall 2020 edition of this class, we will also consider the ways in which administrative law has empowered and also very frequently blocked the ability of the Trump administration to enact its policy choices. For the Fall 2020 edition of this class, we will also consider the ways in which administrative law has empowered and also very frequently blocked the ability of the Trump administration to enact its policy choices.
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Course Schedule
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08-17-2020 - 11-17-2020
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MW
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2:00 PM-3:40 PM
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DL
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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:
No
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Prerequisite:
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Grading:
Graded
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Method of Evaluation:
Grades will based on class participation and an eight hour take-home final exam.
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Graduation Requirements Fulfilled By Course:
General
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Special Attributes:
Distance Learning
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Course Delivery:
Online (all synchronous)
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Special Restrictions:
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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
Environmental Law (Concentration)
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: Administrative Law, Cases and Comments
Textbook Type: Hardcover
Requirement: Required
Author: Strauss, Rakoff, Metzger, Barron and O'Connell
Publisher: Foundation Press
Edition: 12th Edition
ISBN: 978-1634608190
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First Class Assignment(s):
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Assignment:
More info at class blog, https://adlaw20.umlaw.net
****To gain access to the blog enter User: adlawyer Pass: 2020
See blog for IMPORTANT things to do BEFORE 1st class -- including register for Zoom AND readings.
Material:
Gellhorn and Byse's Administrative Law, Cases and Comments, 12th by Strauss, Rakoff, Metzger, Barron, and O'Connell
TWEN/Blackboard/Course Webpage Link:
https://adlaw20.umlaw.net
Additional Information:
Please go to class blog for important info at least 24 hours before first class.
2020Introductory Note for Adlaw_v1.pdf
Gellhorn_12th_3-31.pdf
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View Book Information
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