Administrative Law (LAW-601-002)
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This course explores, through caselaw, statutes, and various types of regulation, select parts of the body of law that describes, discusses, and governs administrative agencies. Administrative agencies (federal, state, and local) are the primary contact point for interaction between private citizens and government. Although the courts, congress, and executive are decisionmakers, it is the agencies that actually govern. Agencies act based on the authority delegated to them by legislatures. They react based on ever changing directives given to them by their supervisors, the executive. Finally, they are restrained from erroneous action (or compelled to action) by courts. However, the power to contact directly individuals and businesses, to sanction, to regulate, is vast. The fundamental objective of this course is to develop familiarity with the above concepts and achieve success achieving the goals set out below. Goals and output expectations To understand how agency power is exercised and curtailed, the class will develop familiarity with: 1. The Administrative Procedure Act; 2. The nature and content of various regulatory regimes; 3. The role of courts in shaping and confining agency action; 4. The nature of rulemaking (in its many and varied forms); 5. The nature of agency adjudication (ranging from highly informal to formalized process); 6. The ways in which the Constitution affects the power and action of government agencies; 7. Strategic considerations that affect a broad array of potential interests and clients when dealing with administrative agencies. Why the study of administrative law is of consequence The first year of law school is focused on judicial decisionmaking involving primarily appellate review of trial court decisions. In terms of the practice of law, this focus may be somewhat distorted. Conservatively, 70 percent (or more) of the practice of law occurs in an administrative setting, rather than in an Article III courtroom.
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.
Popper, McKee, Varona, Harter, Niles, & Pasquale, ADMINISTRATIVE LAW: A CONTEMPORARY APPROACH, 3D ED. (West, 2010). This is both a conventional hard-cover law school casebook and a fully interactive casebook. On the bottom of the inside cover of the text you purchase is a lengthy alpha numeric code. Sign in, enter your number, and you will have access to the entire casebook on-line, including full text versions of most of the cases, notes, case documents, and other materials in the book, a search function, an electronic annotation (note-taking) function, sample multiple choice questions and answers and other features. The interactive features of this book should be of great value as you study in this field. However, rest assured, what we will do in class will follow the traditional format for upper level law school courses. Helpful but not required: Popper, McKee, Statutory Supplement, ADMINISTRATIVE LAW: A CONTEMPORARY APPROACH. (West, 2009).
First Class Readings
1. First assignment: For the two classes please read pages 1 - 70 as marked in the list of cases and materials below. Remember, you are required only to read the materials in bold. The first chapter is an overview of the field and includes a number of principle cases that provide a backdrop for rulemaking and adjudication as well as cases on the power and independence of agencies and the executive.
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