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The first part of the course focuses on constitutional topics, including the non-delegation doctrine, presidential control over administrative agencies, and the delegation of adjudicative authority to non-Article III courts. This course examines the constitutional and statutory framework surrounding the creation and operation of administrative agencies. The second part of the course considers the operation of federal agencies under the Administrative Procedure Act (APA), which prescribes the administrative framework for rule-making, adjudication and judicial review.Īdministrative agencies make policy, regulate, and adjudicate across issues ranging from natural resource management and environmental protection to public benefits and workplace safety. In particular, it examines whether and to what extent the arrangements that mark the modern administrative state are consistent with the structural objectives that underlie our constitutional system of separated powers and checks and balances. This course examines the constitutional and statutory framework surrounding the operation and governance of administrative agencies. The central theme of the course is how administrative law balances “rule of law” values (procedural regularity, substantive limits on arbitrary action) against the often-competing values of political accountability, democratic participation, and effective administrative governance.Īdministrative agencies make policy, regulate, and adjudicate across issues ranging from natural resource management and environmental protection to public benefits and workplace safety. A combination of cases and discussion problems will be used to examine legal issues such as the separation of powers doctrine the constitutional law of due process health, safety, and environmental policy the provision of government benefits and market regulation. The course will cover these topics through a comparative analysis of administrative processes in five federal agencies-the Environmental Protection Agency, the National Labor Relations Board, the Social Security Administration, the Internal Revenue Service, and the Federal Communications Commission. Topics include rationales for delegation to administrative agencies the legal framework (both constitutional and statutory) that governs agency decision-making the proper role of agencies in interpreting statutory and regulatory law and judicial review of agency action. This course examines the legal and practical foundations of the modern administrative state. Law made by administrative agencies dominates the modern legal system and modern legal practice. The course does not satisfy the law school’s writing requirement. Class discussions will address the process of legal scholarship as well as the substantive contents of the book. Students will write two to three page reaction papers for every seminar meeting. After reviewing the case law, the book proposes a theory of First Amendment academic freedom to address these complicated issues.
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Examples individual constitutional rights include free speech, the free exercise of religion, and equal protection. Examples of state interests include national security, public health, and the enforcement of laws prohibiting employment discrimination and harassing speech. It also observes that state interests and the constitutional rights of individual citizens may conflict with interests in academic freedom. It observes that judicial decisions have extended this right to professors, universities, and students, whose interests in academic freedom may conflict. The book explores the emergence of academic freedom as a distinctive First Amendment right and its relationship to general First Amendment rights of free speech. This non-writing seminar will meet every other week to discuss the professor’s book in progress, Academic Freedom, the First Amendment, and the American University.