Apart from their assigned mod courses, 1L students may only enroll in courses offered as 1L electives. A complete list of these courses can be found on the 1L Elective Listings page. 1L students must use the 1L class number listed on the course description when enrolling.
223 sec. 001 - Administrative Law (Spring 2021)
Instructor: Jonathan Gould (view instructor's teaching evaluations - degree students only | profile)
View all teaching evaluations for this course - degree students only
Grading Designation: Graded
Mode of Instruction: Remote Instruction
- WTh 3:35 PM - 5:25 PM
From January 20, 2021
To April 30, 2021
Course End: April 30, 2021
Class Number: 31653
Enroll Limit: 69
As of: 05/08 05:45 AM
This course will explore the law governing federal administrative agencies, along with related matters of theory and public policy. Topics will include the structure and function of administrative agencies; the constitutional status of agencies; the legal frameworks governing agency rulemaking and adjudication (including the Administrative Procedure Act); agency statutory interpretation and judicial deference to those interpretations; the relationships of agencies with Congress and the president; the role of cost-benefit analysis; due process rights in agency decision making; and judicial review of agency action.
Administrative law is at the center of many areas of law, including environmental law, immigration law, financial regulation, health care law, food and drug law, labor law, and telecommunications law. While this is not a course in any of those topics, students will gain exposure to a wide range of substantive areas of law.
Themes will include the place of administrative agencies in the separation of powers system; the role of administrative agencies in policymaking; the balance between democratic and technocratic values in the administrative state, and how administrative law can enable or constrain flexible and effective governance.
This is a doctrinal course that will focus mainly on the administrative law canon, including cases from the early twentieth century to the present. We will devote a number of class periods to case studies exploring how administrative law principles apply to contemporary controversies, including disputes over the constitutionality of the Consumer Financial Protection Bureau; the creation and then attempted rescission of Deferred Action for Childhood Arrivals (DACA), and recent attempts to add a citizenship question to the 2020 census.
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Required Books are in blue
- Administrative Law and Regulatory Policy: Problems, Text, and Cases
Stephen G. Breyer, Richard B. Stewart, Cass R. Sunstein, Adrian Vermeule, Michael Herz
Edition: 8th ed., 2017
Publisher: Wolters Kluwer/
e-Book Available: Yes
e-Book procurement note: https://www.wklegaledu.com/breyer-administrativelaw8
Copyright Date: To Be Determined
Price Source: user provided