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Administrative Law (Coglianese)
Fall 2020   LAW 601-001  

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Meeting Times/Location
TR 3:00PM - 4:20PM

Faculty
Cary Coglianese

Edward B. Shils Professor of Law and Professor of Political Science; Director, Penn Program on Regulation

cary_coglianese@law.upenn.edu
Additional Information

Skills Training
Team Projects

Grading
100% Exam,
Other (In cases where a final exam score falls on a borderline between two grades, the final grade may be increased based on class participation, including the score on the group rulemaking research exercise.)

Exam
Essay,
Take Home,
Open-Book

Satisfies Senior Writing Requirement

No

Location

Class meets online.

Course Continuity
Students are encouraged to stay home if you are ill or experience flu-like symptoms. If you miss a class for any reason, it is still your responsibility to make up the work missed.

I offer the following to students who miss class due to illness:

- Class sessions are regularly recorded. If you are absent due to illness or some other unavoidable circumstance, email me and I can send you an email with instructions for accessing the recording for the class session(s) you missed.

- I will make PowerPoint slides or other class materials routinely available on the course site to everyone in the class.

- Please make an appointment to meet with me and I will review/answer questions about what you missed.

Category
Upper-Level

Credits
3.0

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 nondelegation doctrine, presidential control over administrative agencies, and procedural due process of agency adjudication. 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. A central theme of the course is how the law manages the tension between democracy and technocracy in administrative governancce. The student's grade is based on a final examination.

Course Concentrations

Administrative and Regulatory Law Learning outcomes: Demonstrate a core understanding of administrative and regulatory law and the administrative process, including the role of statutory authorization and work of administrative agencies; Perform legal analysis in the context of administrative and regulatory law; Communicate effectively on topics related to administrative and regulatory law; Demonstrate an understanding of the role administrative and regulatory law play in our legal system and in society as a whole.


Textbooks

"Administrative Law and Regulatory Policy" by Breyer & Stewart
Edition: Eighth edition (2017)
Publisher: Wolters Kluwer
ISBN: 9781454857914
Required

"Supplement to Administrative Law" by Breyer et al
Edition: 2018-2019
Publisher: Wolters Kluwer
ISBN: 9781454875451
Required