Jennifer Nou : Courses and Seminars
This course examines the structure of the administrative state, its relations to the other branches of government and private citizens, and the constitutional, statutory, and common law rules that govern the substance and procedure of administration action and inaction. The course focuses on some constitutional topics, including the non-delegation doctrine, presidential control over administrative agencies, and the delegation of adjudicative authority to non-Article III officers. Substantial attention is given to the Administrative Procedure Act (APA) and other statutory requirements for lawful agency action. Covered topics include the proper role of agencies in interpreting statutory and regulatory law; judicial review of agency decisions; public participation in agency rulemaking; and non-traditional approaches to regulation, including negotiation and privatization. A central theme of the course is how the law manages the tension between rule of law values (e.g., procedural regularity, accountability, and substantive limits on arbitrary action) and the desire for flexible, effective administrative governance. The student's grade is based on class participation and a final examination.
Legislation and Statutory Interpretation
Much of lawyers' work today involves the close reading and interpretation of statutes or like texts. The focus of this class is the study of current theories and problems of reading statutes. The class also encompasses political theory and public choice approaches to the legislative process as they relate to legal interpretation. The class has the aim of bolstering students' capacity to work with statutes in law school and beyond. At the end of the class, students will have a thorough grasp of the production of statutes by the legislative branch and their use by the courts. The student's grade is based on a final examination.