Administrative Law (LAW-601-002)
Welcome to Administrative Law for the spring 2020 semester. This course touches on many of the current issues affecting our government. We will discuss many of those issues and you will get an online supplement with the new cases and other materials written or decided since January 2017. I very much look forward to seeing you in class. I set out below goals and output expectations for this class. 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.
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.
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, 2016) If you purchase a new copy of the book, you will get access to the entire book in an online format as well as the hardcopy. I you buy a used copy - which is perfectly fine - you can purchase from West an access code for the online version for (when last I checked) $35. IMPORTANT: We are in the process of updating this book. You will get in an online (and at no cost) a supplement of the recent cases and materials that will go in the new edition. Helpful but not required - a used copy is fine: 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
Use your MyAU username and password to access the syllabus in the following format(s):