LAW 7300 - Administrative Law

Federal and state administrative agencies not only adjudicate thousands more cases than all of the courts in the country, they also legislate, making the bulk of rules that govern those cases. As the instrument of government charged with initiating and implementing government actions or decisions, they also "execute the laws" as part of the executive branch. These comprehensive and potentially conflicting roles demand that lawyers have equally comprehensive understanding. This course introduces the statutory policymaking roles and constitutional status of administrative agencies; their authority and limits on that authority; and the procedural requirements that guide and structure agency decision-making. It highlights the ways in which the legislative and executive branches tend to dominate agency policymaking, while exploring in depth the role of judicial review in ensuring fulfillment of legislative mandates and procedural requirements.