Description

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 combination of cases and examples drawn primarily from separation of powers doctrine; the constitutional law of due process; health, safety, and environmental policy; criminal justice; and national security law. 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.

• Number of Units: 4
• Course Number: 238

Recently Taught By:

• Mariano-Florentino Cuéllar
• David Freeman Engstrom
• Daniel E. Ho

All Civil Procedure and Litigation courses:

• Administrative Law
• Advanced Criminal Practice
• Civil Jury
• Constitutional Litigation
• Evidence
• Federal Courts
• Federal Indian Law
• Federal Pretrial Litigation
• Mediation
• Moot Court, Kirkwood Competition
• Psychology of Litigation: Practical and Ethical Implications
• Reconstructing the Administrative State: Theory and Practice
• Scientific Evidence and Expert Testimony: Patent Litigation
• Supreme Court Litigation Clinic
• Trial Advocacy Workshop