Public Law & Regulatory Process (LAW-652-002)
First-year JD only
The objective of the course is to teach students how federal statutory and regulatory law is made, and how judges and administrative interpreters construe and implement these legal materials. We will begin by studying the legislative process – that is, how bills become law and the role that political institutions, private organizations, and individuals play in that process. Next, we will discuss the role of the courts in interpreting those laws, discussing theories and doctrines of statutory interpretation, such as textualism, intentionalism, purposivism, and the canons of construction. We then turn to examining the role of administrative agencies in statutory interpretation and implementation. Two themes run through the course: First, discovering the methods by which government actors interpret and administer the law; and second, debating the roles various political institutions should play in that process.
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.
Eskridge, Frickey & Garrett, Cases and Materials on Legislation (4th ed. 2007)
First Class Readings
As you will see in the syllabus, the assignment for the first class is to read "The Story of the Civil Rights Act of 1964" (casebook, pp. 2-23); and Mann & Ornstein, “The First Branch of Government: Theory and Practice,” from THE BROKEN BRANCH (which is posted on this website under "course materials").
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