Prerequisites: Legislation and Regulation. For LLMs, equivalent course/familiarity with regulatory practice.
Exam Type: In Class
This course will study law making and law application by executive departments of government. Using the material covered in the first-year “Legislation and Regulation” course as a foundation, this class will cover a variety of more advanced topics, including the role of agencies in interpreting statutes and regulations; the legal framework governing administrative adjudication as opposed to regulation; freedom of information requirements; the president’s power to supervise the executive branch; congressional delegation and oversight; the appropriate role of private actors and the states in the national administrative process; and judicial review of administrative action. The central theme of the course will be on how the law manages the tension between “rule of law” values (e.g., procedural regularity, accountability, and substantive limits on arbitrary action) and the desire for flexible, effective administrative governance.