Law made by administrative agencies dominates the modern legal system and modern legal practice. This course examines the legal and practical foundations of the modern administrative state. Topics include rationales for delegation to administrative agencies; the legal framework (both constitutional and statutory) that governs agency decision-making; the proper role of agencies in interpreting statutory and regulatory law; and judicial review of agency action. The course will cover these topics through a comparative analysis of administrative processes in five federal agencies—the Environmental Protection Agency, the National Labor Relations Board, the Social Security Administration, the Internal Revenue Service, and the Federal Communications Commission. A combination of cases and discussion problems will be used to examine legal issues such as the separation of powers doctrine; the constitutional law of due process; health, safety, and environmental policy; the provision of government benefits; and market regulation. The central theme of the course is how administrative law balances “rule of law” values (procedural regularity, substantive limits on arbitrary action) against the often-competing values of political accountability, democratic participation, and effective administrative governance.
Textbooks ( * denotes required )
Administrative Law: Agency Action in Legal Context
*
Glicksman & Levy
Foundation Press
,
edition: 2nd
ISBN: 978-1-60930-336-5
Adelman, David E 