Summer 2009 Course Schedule

Federal Regulatory Process (LAW-788-001)
Edles, Nelson

Meets: 06:00 PM - 08:10 PM (TTH) - Room 524

Enrolled: 20 / Limit: 35

Administrator Access


Notices

There are no notices at this time.

Description

The course is an overview of the federal regulatory process that examines the practical side of the solution of societal problems through regulation and the administration of government programs. A central feature of the course is the participation of more than 20 guest lecturers from the legislative and executive branches, public interest groups, self regulatory organizations, the academic community, and the private and public interest bars. Speakers will discuss why Congress creates regulatory programs, why it ends or deregulates them, and how agencies actually operate to pursue their program objectives and interact with the public. Speakers will address selected issues of the regulatory process in the context of historic and current developments and emerging trends. The course is an introductory survey and stresses the practical side of the regulatory process.

The course also examines techniques to constrain the arbitrary exercise of administrative discretion, such as efforts to superintend administrative action through institutional and management controls, selection of agency officials, judicial review, openness requirements, participation and monitoring by the public, and Congressional and Presidential oversight. Because agencies and regulatory programs are established to address different societal problems, the course evaluates the individual problems that prompted creation of particular federal agencies and looks at the mission of several specific agencies, including the SEC, the FDA, OSHA, EPA, and FERC.

The course also offers a brief introduction to certain government-wide statutes, such as the Administrative Procedure Act, the Freedom of Information Act, and the National Environmental Policy Act. But it is not intended as a substitute for the traditional course in administrative law.

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.

William F. Funk and Richard H. Seamon, Administrative Law, Examples & Explanations (Aspen Law & Business, 2nd ed. 2006). Additional assigned Readings (in italics) are contained in a packet that should be purchased from the Faculty Secretariat.

First Class Readings

Tuesday, May 26: An Introduction to the Federal Regulatory Process: Federal Agencies as Institutions

Reading

  1. Course Objectives and Organization
  2. Funk & Seamon, Preface, pp. 1-21 (Chapter 1), pp. 23-28 (Chapter 2, Section I)
  3. Edles & Nelson, Federal Regulatory Process, Chapter 2, Federal Agencies as Institutions
  4. Brian Faler, Doing the Cabinet Shuffle, Washington Post, July 31, 2002
Speaker

Professor Nelson