221.8 sec. 001 - Statutory Implementation: Agency Policymaking through Regulation (Fall 2021)
Instructor: Jolina Cuaresma (view instructor's teaching evaluations - degree students only)
View all teaching evaluations for this course - degree students only
Grading Designation: Credit Only
Mode of Instruction: In-Person
M 3:35 PM - 5:25 PM
Location: Law 136
From August 16, 2021
To October 04, 2021
Course End: October 04, 2021
Class Number: 31919
Enroll Limit: 14
As of: 01/25 05:06 PM
Much of first-year law school aims to provide students with an understanding for how common law evolves and the central role that courts play in governing society. Unless students take advanced courses in Public Law & Policy such as Administrative Law, they may graduate with the impression that the judicial system is best equipped to resolve societal problems and address public policy concerns. That is not necessarily the case.
To be sure, even Administrative Law fails to provide a complete picture. It is taught using judicial opinions, again casting courts in the lead role. There is little focus on the inner workings of the modern administrative state and the increasing role agencies play in shaping today’s society. Tasked with implementing Congress’ statutory programs, administrative agencies impact everyday life when setting forth the scope of the rights and responsibilities of affected individuals under any given statute.
The goal of this seminar is to provide students with insight into what happens after a bill becomes legislation and how an agency implements the statute using its quasi- legislative, executive, and judicial powers. Students will gain an understanding that statutory implementation inevitably results in agencies conducting some level of policymaking. Even the mere choice of selecting which statutory tool (e.g., guidance document or notice and comment rulemaking) can create wide-ranging policies.
While the course introduces students to the panoply of administrative powers, the focus will be on agency rulemaking. This course will provide students with an opportunity to gain fundamental lawyering skills in drafting and negotiating regulatory language in any area of law. To give students practical rule writing experience, the course will focus on student loans and will be taught against the backdrop of the Consumer Financial Protection Bureau’s authority under Title X of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010. Specifically, students will learn how to draft regulations that address an existing student loan servicing problem. But because agencies do not operate in a vacuum, we will discuss politics and how the party that controls the political branches determines the level of agency policymaking. At the end of this course, students will have developed a more informed view on the appropriate role of the modern administrative state.
Before the first class, students should read the following.
· “D.C. Circuit Review - Reviewed: ‘I vote for Chenery I, not Chenery II,’” a blog post from Yale Journal on Regulation.
· Sections of the complaint in CFPB v. Navient pertaining to alleged payment processing errors (¶¶ 97-112, 134-137, and 166-171). The exam is a final paper containing parts of a draft regulation addressing payments processing.
Class will meet for the first 7 weeks of the semester only.
Attendance at the first class is mandatory for all currently enrolled and waitlisted students; any currently enrolled or waitlisted students who are not present on the first day of class (without prior permission of the instructor) may be dropped without notice. The instructor can continue to take attendance throughout the add/drop period and anyone who moves off the waitlist into the class must continue to attend or have prior permission of the instructor in order not to risk being dropped without notice.
While there are no prerequisites, this course is better suited for students who have previously taken or are concurrently taking (i) structural Constitutional Law or (ii) Administrative Law. This class is recommended for students with an interest in working in policy or becoming a legislative/regulatory attorney.
If you are the instructor or their FSU, you may add a file like a syllabus or a first assignment to this page.
Instructor has indicated that no books will be assigned.