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Course Description
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Most laws that Congress passes require implementation. Very often implementation is via 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, adjudicates 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 or Securities, Immigration, Labor, Housing, or Land Use, but it is also relevant to almost every other area of practice. Administrative Law is both important and timely: It empowered and also very frequently blocked the ability of the Trump administration to enact its policy choices; more recently, a significant part of the early Biden agenda has been to modify or rescind various Trump administration regulations - a process that takes place within a set of constraints imposed by Administrative Law.
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Course Schedule
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08-23-2021 - 12-01-2021
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MTR
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11:00 AM-12:15 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:
None
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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: West Academic
Edition: 12th Edition
ISBN: 978-1634608190
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First Class Assignment(s):
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Assignment:
Please see the class blog for the first assignment. Go to https://adlaw21.umlaw.net
The blog is privacy-protected to protect us from being indexed by search engines: to get access the user name is "adlaw" and the password is "miami2021" (without the quote marks).
There are several things you need to do before the first class - read the class policies, get the casebook, send me an email, register for the class Zoom, and more. It's all explained there.
If you have any questions or difficulty accessing resources, please contact me at froomkin@law.miami.edu . Please start the subject line with [Adlaw21] to get my attention.
Material:
Strauss, et al, Administrative Law (12th ed. 2018) plus online supplement (forthcoming) plus materials on class blog.
TWEN/Blackboard/Course Webpage Link:
https://adlaw21.umlaw.net
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Assignment:
Please see the class blog for the first assignment. Go to https://adlaw21.umlaw.net
The blog is privacy-protected to protect us from being indexed by search engines: to get access the user name is "adlaw" and the password is "miami2021" (without the quote marks).
There are several things you need to do before the first class - read the class policies, get the casebook, send me an email, register for the class Zoom, and more. It's all explained there.
If you have any questions or difficulty accessing resources, please contact me at froomkin@law.miami.edu . Please start the subject line with [Adlaw21] to get my attention..
Material:
Strauss, et al, Administrative Law (12th ed. 2018) plus online supplement (forthcoming) plus materials on class blog.
TWEN/Blackboard/Course Webpage Link:
https://adlaw21.umlaw.net
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View Book Information
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