Jennifer Nou : Courses and Seminars
(BID, CORE) 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. A central theme 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. In particular, 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 officers. Substantial attention is also given to the Administrative Procedure Act (APA) and other statutory requirements for lawful agency action. Other covered topics include the proper role of agencies in interpreting statutory and regulatory law; judicial review of agency decisions; and public participation in agency rulemaking. The student's grade is based on class participation and a final examination.
Advanced Administrative Law
(++,BID, SEM, SRP, WP)This seminar will explore contemporary issues and controversies in administrative law. Using recent cases, contemporary scholarship, and in-depth case studies, the class will cover a range of topics, including mass adjudication; regulatory interpretation; administrative remedies; and the unintended consequences of agency disclosure regimes. One aim of the course is to help participants develop greater familiarity with regulatory materials and a more grounded understanding of the practical development of regulatory policy.