Administrative Law

Federal agencies make an astounding number of policy decisions, engaging in more lawmaking and adjudication than Congress and the federal courts, respectively. These policy decisions range from the seemingly trivial, such as how many cherries are needed for frozen cherry pie, to matters of life-and-death importance, such as how to limit emissions of sulfur dioxide, nitrogen oxides, and mercury. These agencies also range in age, organization, and duties. There is the postal service, which was created almost 230 years ago, and changed about five decades ago from a cabinet-level department to a government corporation, with current calls to privatize it. On the newer side, there is the Consumer Financial Protection Bureau, which was established in 2011 to protect consumers in the financial arena; its leadership and funding elements produced constitutional challenges that recently resulted in the Supreme Court invalidating its leadership structure. In this quarter of Administrative Law, we will consider the creation and control of the modern administrative state. Topics will include the structure of administrative agencies and their place in a governing scheme of separated but overlapping powers, delegation of authority to agencies, types and requirements of agency decisionmaking, availability and scope of judicial review of agency action (and inaction), and other forms of agency oversight. We will apply concepts through many recent examples. A variety of policy areas will be considered, including (among others) the COVID-19 pandemic, national security, financial regulation, health care, the environment, food and drugs, and telecommunications. Elements used in grading: Attendance, Class Participation, Written Assignments, Exam. CONSENT APPLICATION: To apply for this course, students must complete and submit a Consent Application Form available on the SLS website (Click Courses at the bottom of the homepage and then click Consent of Instructor Forms). See Consent Application Form for instructions and submission deadline. This course will be capped at 60 students, randomly selected. The waitlist will give priority to clinic students needing Administrative Law in the winter quarter and third year students who cannot take the class in the winter quarter.