Legislation and Regulation

Much of the contemporary American legal system consists of statutes and regulations. This course examines the legislative and administrative processes through which such rules are made. It provides an introduction to the federal regulatory state, with a focus on how laws are made by Congress and administrative agencies and the interpretation of these laws. The course also addresses the principle of separation of powers as embodied in the U.S. Constitution and how it informs the design and operation of administrative agencies. Among other topics, the course will explore the legislative process, statutory interpretation, the function and functioning of administrative agencies, rulemaking, and judicial review of agency action.

This course has become increasingly timely in recent years. Alongside covering topics where the law is well settled, we will spend a number of sessions on issues that remain in flux. Most of the readings will come from the text, but these readings will be complemented by briefs, executive orders and other materials.