Administrative Law: 3L B2
Spring term, Block A
M,T 8:30 AM - 10:00 AM
Visiting Professor Jim Rossi
3 classroom credits LAW-30000A
This course will study the processes of law making and law application by the executive departments of government (including "independent" regulatory agencies). Its central theme is the tension between law and discretion, between the need for grants of power sufficient to ensure effective government and the need to limit that power to protect citizens from government oppression and unfairness. The course will first explore the constitutional status of the administrative agencies and how the Supreme Court has rationalized their exercise of government power outside of the traditional tripartite divisions of the Constitution. It will then explore the methods developed by Congress and courts to control administrative power, including the development of procedural formalities in administrative adjudication and rulemaking. It will also explore doctrines governing the scope and availability of judicial review of administrative action.