Administrative Law (LAW-601-002)
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Administrative law is the bedrock upon which Federal, State, and local instrumentalities govern. All of you have encountered and been impacted by administrative agencies. Administrative rules, among other things, govern your rights in the workplace, to whom and how student aid is provided, what safety features automobile manufacturers must provide, and the quality of the air you breathe. Not surprisingly, given its ubiquity and its impact on virtually every aspect of American society, administrative law is a foundational area of law.
We are in the midst of a particularly interesting period in administrative law. President Obama’s second term included an ambitious rulemaking and administrative law agenda. President Trump, aided in part by a Republican Congress, has begun rolling back many of President Obama’s initiatives. At the same time members of the Trump Administration, academics, and the judiciary continue to call into question various aspects of the “Administrative State.” Thus, in today’s current environment, many issues in administrative law are playing out in real-time before our eyes with significant real-world consequences.
This course will focus on federal administrative law. We will cover administrative law fundamentals and doctrine with an emphasis on how it works in practice. The course will begin with an introduction into what agencies are, where they come from, and what they do. We will move to how agencies carry out their responsibilities through rulemaking and adjudication. We then will address the role of federal courts in conducting judicial review of agency actions as well as the limitations on access to the courts and judicial review. Finally, we will explore the Constitutional limits on the respective branches’ authority and control over agencies.
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.
Hickman, Pierce, Federal Administrative Law, Cases and Materials 2nd Ed. (Foundation Press 2014)
Note: the U.S. Constitution and the Administrative Procedure Act are included in the casebook as Appendices
First Class Readings
Casebook: pp. 1-7, 10-15, 18-22
Supplemental: Electronic Privacy Information Center v. Presidential Advisory Commission on Election Integrity (D.D.C. 2017)
U.S. Government Organizational Chart
U.S. Department of the Interior Organizational Chart
Article: Zeke Miller, President Trump’s Lawyers Plan A White House Legal Attack on Federal Agency Power, Time (March 13, 2017)
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