Administrative Law B2
Spring term, Block E
M,T 1:00 PM - 3:00 PM
Visiting Professor Thomas Merrill
4 classroom credits LAW-30000A Spring
This course is about the legal framework that governs the administrative state. The principal emphasis is on the major federal agencies. Basic questions about the constitutional foundations of the administrative state are covered, including the delegation of powers from Congress to agencies, the relationship between the President and agencies, the degree to which agencies can displace Article III courts as forums for the resolution of disputes, and the right of interested persons to challenge agency action in court. The statutory framework that regulates the procedures followed by agencies and the review of agency action, primarily as set forth in the Administrative Procedure Act, is also covered. Topics include the distinction between rulemaking and adjudication and the procedural packages that apply in each context, additional procedural limitations required by the Due Process Clause, the conventions that govern judicial review of agency action, and the various requirements that must be satisfied in order to secure judicial review of agency action.