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Public Law: Legislative & Regulatory State (LAW-652-002)
First-year full-time JD only
Whereas the focus of the traditional first year law school curriculum is “private” common law, the “public” law of legislation and regulation exert the most profound effects on the nation and its people. This course focuses on some of the most important doctrines and theories that serve as the foundations for American public law, including the theories of representative government; the roles and relationships between and among the executive, legislative and judicial branches of the Federal government; the requirements of legislative process; the theories and methods of statutory interpretation; and the roles of judges in reviewing legislation and regulation. The course also will provide an overview of the roles and functions of administrative agencies in Federal government, and of the relationship between these agencies and Congress, the President, and the courts.
Textbooks and Other Materials
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Title: Administrative Law: A Contemporary Approach
Author: POPPER, MCKEE, VARONA & HARTER
Publisher/Ed: West (2nd ed. 2010)
Title: Legislation and Statutory Interpretation
Author: Eskridge, Frickey and Garrett
Publisher/Ed: Foundation Press (2nd ed. 2006)
First Class Readings
Mark C. Niles, Punctuated Equilibrium: A Model for Administrative Evolution, 44 Marshal L. Rev. 353 (2011)
The “Three Sisters Bridge” Saga (Supplemental Reading)
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