Federal Regulatory Process (LAW-788-001)
Nelson, Edles, Eisner
Meets 5/27-7/24 6-8:10PM
The course examines the practical side of the federal regulatory process through its central theme: the use of regulation and associated programs to solve national problems. Over 20 guest lecturers from the executive and legislative branches, the academic community, trade associations, public interest groups, and private practice bring to the classroom their expertise on many current issues.
The course offers an overview of the Administrative Procedure Act (APA) processes of rulemaking, adjudication, and judicial review (but is not intended as a substitute for a traditional administrative law course). We will cover how agencies operate and interact with the public. We also will examine techniques to constrain the arbitrary exercise of administrative discretion. These include the use of institutional management controls; selection of agency officials; Congressional, Presidential, and Judicial oversight; openness (including the Freedom of Information Act (FOIA)); and public participation and monitoring. We will also review efforts to enhance APA processes, such as increased openness, alternative dispute resolution, and Web 2.0 technology.
We and our guest lecturers will bring real-world experience to the classroom to effectively illustrate how the regulatory process works. We will discuss:
• Problems that prompt Congressional action to create, terminate, or limit particular agencies and their missions, as well as the role of lobbyists in the process
• Problems agencies face in efforts to create effective programs
• Congressional oversight and the effect of lobbying
• Relatively new programs at DOT and the financial services agencies that face difficult issues on consumer protection and other matters
• Sunsetted program at the CAB
• Long-standing programs at OSHA, FDA, and EPA that continue to be controversial
• Long-standing agencies --FERC, SEC, ICE, HHS, and IRS -- that face new controversy over new energy sources, regulation of the securities industry, immigration, health care insurance, and tax reform
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 (Fourth Ed. 2012). ISBN 9781454805212.
First Class Readings
Not available at this time.
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