Administrative Law A1
Fall term, Block D
Th,F 10:30 AM - 12 PM
Professor John F. Manning
3 classroom credits LAW-30000A Fall
3 or 4 optional clinical credits Fall
Administrative agencies today play an important role in determining the entitlements and duties of the public. The goal of Administrative Law is to introduce students to both the constitutional overlay and the statutory framework that regulates administrative agencies in their exercise of such authority. Roughly half of the course will examine the structure of the U.S. Constitution, considering how the modern administrative state fits with the assumptions underlying a system of separated powers and checks and balances. We will cover topics such as the nondelegation doctrine, executive appointment and removal power, the legislative veto, and non-Article III adjudication.
The second half of the course will explore the way the Administrative Procedure Act (APA) regulates the authority of agencies to determine the rights and responsibilities of the public. It will consider the evolution of administrative doctrines since the enactment of the APA in 1946 and the intellectual and background constitutional influences that have shaped the statute's development. The topics will include formality and informality in agency procedure, the choice between rulemaking and adjudication, and judicial review of agency action.
Students who wish to enroll in the class with a clinical component must do so through the Office of Clinical and Pro Bono Programs. Please refer to the Office of Clinical and Pro Bono Programs website at http://www.law.harvard.edu/academics/clinical/ for early drop/add deadlines and rules for all clinical courses.