Legislation and Regulation
Course Information
- Course Number
- L6169
- Curriculum Level
- Upperclass
- Areas of Study
- Administrative Law and Public Policy, Constitutional Law
- Type
- Lecture
- Additional Attributes
- LLM NY Bar Exam Qualifier
Section 002 Information
Instructor
Section Description
Where most required courses emphasize the work of the state and federal judiciaries, this course focuses on the federal government's other law-generating institutions -- Congress, the President, and, most importantly, the administrative agencies that implement congressional and presidential policy. These institutions, their processes of decision-making, and their substantive decisions are the primary sources of law in the contemporary United States, a "republic of statutes" governed by an expansive "administrative state." With respect to Congress, the course will focus on contemporary disputes about statutory interpretation. With respect to agencies, the course will focus on the internal structure of agencies, the relationship between agencies and the political branches (Congress and the President), the processes of administrative rulemaking and administrative adjudication, and, to a lesser degree, judicial supervision of these basic forms of administrative action.
Our casebook will be Strauss, Rakoff, Metzger, Barron O'Connell,, Administrative Law - Cases and Comments (12th Ed. 2018).
- School Year & Semester
- Fall 2023
- Location
- JGH 104
- Schedule
-
Class meets on
- Tuesday
- Thursday
- Points
- 4
- Method of Evaluation
- Exam
- J.D Writing Credit?
- No
Learning Outcomes
- Primary
-
- Learning the techniques of, and disputes about, statutory interpretation
- Understanding the structure of American administrative government
- Understanding the primary forms of administrative action -- rulemaking, adjudication, and guidance -- and the political controls that Congress and the President exercise over such action.
- Understanding the basics of judicial review of administrative action, including judicial review of the procedural validity, substantive rationality, and statutory basis of such action.
Course Limitations
- Instructor Pre-requisites
- None
- Instructor Co-Requisites
- None
- Recommended Courses
- Constitutional Law
- Other Limitations
- If you have already taken a course on Legislation or Administrative Law, you must receive the professor's permission to take this course.