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1 - 2 of 2 results for: LAW 7001: Administrative Law

LAW 7001: Administrative Law

(Formerly Law 238) Federal, state and local administrative agencies affect vast areas of life and law practice. Their domain includes regulation of the environment, immigration, professional licensing, and many other areas of the economy as well as the provision of government benefits. It's fair to say that today we live in an administrative state -- which some would like to deconstruct. Administrative law is about the procedures (mostly prescribed by the federal and state Administrative Procedure Acts as well as constitutional due process) that agencies must follow when they adopt regulations or adjudicate disputes. It's also about the legislative, executive, and judicial checks and balances that control the agencies. In particular, the course explores the nature and scope of judicial review of agency action. Elements used in grading: Final Exam (essay, three hours, open book).
Terms: Win | Units: 4
Instructors: Asimow, M. (PI)

LAW 7001: Administrative Law

(Formerly Law 238) Administrative law is the field of law most concerned with what government agencies do and how they do it. By interpreting and implementing statutes, adjudicating disputes, and promulgating regulations and policies, agencies affect an enormous range of issues --- from climate change to communications policy, from innovation to immigration, from financial institutions to federalism, and from public health to public education. Specific topics encompassed by administrative law include the relationship between agencies and the Legislature; the constitutional rules and political pressures that shape agencies; the major statutes affecting how agencies work, particularly the Administrative Procedure Act; how senior officials in the executive branch seek to control agency actions; how agencies choose among policymaking methods and make judgments about the costs and benefits of regulatory policies as they implement statutes; and how courts review agency action. The course will address these topics through cases and examples drawn from separation of powers doctrine, the constitutional law of due process, and the implementation of statutes. A major theme cutting across these topics is how the law seeks --- yet often fails --- to resolve tensions between goals associated with political accountability, scientific and technical rationality, and adjudicatory fairness. Elements used in grading: class participation, attendance, assignments, final exam (3-hour, open book exam).
Terms: Spr | Units: 3
Instructors: Cuellar, M. (PI)
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