Federal Regulatory Process (LAW-788-001)
Edles, Nelson
Meets: 06:00 PM - 08:10 PM (TTH) - Room 524
Enrolled: 23 / Limit: 40
Notices
There are no notices at this time.
Description
The course is an overview of the federal regulatory process that examines the practical side of the solution of societal problems through regulation and the administration of government programs. A central feature of the course is the participation of more than 20 guest lecturers from the executive and legislative branches, the academic community, trade associations, public interest groups, self regulatory organizations, and the private and public interest bars. Speakers will discuss why Congress creates regulatory programs, why it ends or deregulates them, and how agencies actually operate and interact with the public. Speakers will address selected issues of the regulatory process in the context of historic and current developments and emerging trends. The course is an introductory survey and stresses the practical side of the regulatory process.
The course also examines techniques to constrain the arbitrary exercise of administrative discretion, such as efforts to superintend administrative action through institutional and management controls, selection of agency officials, judicial review, openness requirements, participation and monitoring by the public, and Congressional and Presidential oversight. Because agencies and regulatory programs are established to address different societal problems, the course evaluates the individual problems that prompted creation of particular federal agencies and looks at the mission of several specific agencies, including the SEC, the FDA, OSHA, and EPA.
The course also offers a brief introduction to certain government-wide statutes, such as the Administrative Procedure Act, the Freedom of Information Act, and the National Environmental Policy Act. But it is not intended as a substitute for the traditional course in administrative law.
3 credits, 18 sessions, Tuesday and Thursday evenings, 6 p.m. - 8:10 p.m. First class Tuesday, May 25.
3-hour Examination
Required Text: William F. Funk and Richard H. Seamon, Administrative Law, Examples & Explanations (Aspen Publishers, 3rd ed. 2009). Additional assigned Readings (in italics) are contained in a packet that should be purchased from the Faculty Secretariat.
Textbooks and Other Materials
The textbook information on this page was provided by the instructor. Students should use this information when considering purchases from the AU Campus Store or other vendors. Students may check to determine if books are currently available for purchase online.
First Class Readings
Tuesday, May 25: An Introduction to the Federal Regulatory Process: Federal Agencies as Institutions
ReadingSome assigned readings are contained in the basic textbook. Those readings listed in italics are contained in a materials packet that should be purchased from the Faculty Secretariat.
Funk & Seamon, pp. 2-15, 19-21 (Chapter 1, §§ II, III, IV, VI); 25-30 (Chapter 2, §I)
Course Objectives and Organization
Edles & Nelson, Federal Regulatory Process, Chapter 2, Federal Agencies as Institutions
Brian Faler, Doing the Cabinet Shuffle, Washington Post, July 31, 2002