Section Description Provided by Instructor
This course satisfies the Legislation-Regulation elective now required of all Columbia JD candidates beginning with the class entering Columbia in the fall of 2018. 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 address the legislative process as well as 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. The deregulatory initiatives of the Trump administration and associated legislative proposals will be among the matters considered.
Our casebook will be Strauss, Rakoff, Metzger, Barron O'Connell,, Administrative Law - Cases and Comments (12th Ed. 2017).
Method of Evaluation
Paper and Exam
J.D. Writing Credit
Minor (upon consultation) (Students wishing partial credit from writing may in consultation with the instructor participate in an ongoing federal rulemaking proceding, paper due at spring break.)