Administrative Law A2
Fall term, Block F
W,Th 1:00 PM - 3:00 PM
Visiting Professor David Super
4 classroom credits LAW-30000A Fall
This course focuses on the procedures administrative agencies follow to make and enforce law. Understanding these procedures will help students in analyzing the substantive policy making and adjudications of any administrative agency they subsequently wish to study. The course's central themes will include: the differences between adjudication and rulemaking as well as the applicability of principles developed in one kind of proceeding to the other; the applicability of concepts from criminal, civil, and legislative procedure to administrative agencies' operations; trade-offs between the efficiency of a decision-making process and efforts to improve the quality of the decisions rendered; the influences of competing theories of administrative law, particularly the agency expertise and public participation models; the separation of powers; and the varying degrees of deference and suspicion directed to the three most active participants in the administrative process: agencies, private parties, and courts.
Casebook: Stephen G. Breyer, Richard B. Stewart, Cass R. Sunstein, & Adrian Vermeule, Administrative Law and Regulatory Policy: Problems, Text, and Cases (6th ed. 2006).