S Course Finder • Penn Carey Law

Course Details

Administrative Law (Coglianese)

Spring 2024   LAW 601-001  

« Back to Search Results

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
Expository Writing

Grading
10% Participation,
90% Exam,
Other (Although your grade in the course will be based principally on your final examination, a necessary way to prepare for that examination is through your class attendance and preparation. In some cases, especially where grades on the final exam fall on the borderline, I will take attendance and participation directly into account in awarding course grades. Grades may be increased or decreased by as much as a full grade based on your class attendance and participation.)

Exam
Essay,
In Class,
Open-Book

Satisfies Senior Writing Requirement

No

Location

Class meets in person.

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. I will make these recordings routinely available on the course site to everyone in the class.

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

Meeting Times/Location
TR 3:00PM - 4:20PM
Gittis Hall 2

Category
First-Year

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

Constitutional Law Learning outcomes: Demonstrate a core understanding of constitutional law; Perform legal analysis in the context of constitutional law; Communicate effectively on topics related to constitutional law; Demonstrate an understanding of constitutional law affects other areas of law.

Intellectual Property and Technology Law Learning outcomes: Demonstrate a core understanding of intellectual property law; Perform legal analysis in the context of intellectual property law; Communicate effectively on topics related to intellectual property; Demonstrate an understanding of the interconnection between technology and intellectual property, and how they affect other areas of law and society.

Health Law Learning outcomes: Demonstrate a core understanding of health law and policy; Perform legal analysis in the context of health law and policy; Communicate effectively on topics related to health law and policy; Demonstrate an understanding of the interconnection among health law and policy and issues of access to services, public and private financing of health industries, and the political and economic issues surrounding issues of health law and health services.

Tax Law Learning outcomes: Demonstrate a core understanding of tax law and policy; Perform legal analysis in the context of tax law and policy; Communicate effectively on topics related to tax law and policy; Demonstrate an understanding of how tax law and policy affect other areas of law and business.

Environmental Law Learning outcomes: Demonstrate a core understanding of environmental law; Perform legal analysis in the context of environmental law; Communicate effectively on topics related to environmental law; Demonstrate an understanding of how environmental law affects other areas of law.

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.

Public Interest Learning outcomes: Demonstrate a core understanding of the varied legal aspects of public interest law; Perform legal analysis in the context of public interest law; Communicate effectively on topics related to public interest law; Demonstrate an understanding of how public interest law is connected to and affected by a wide variety of legal and regulatory structures and doctrines.


Textbooks

"Administrative Law and Regulatory Policy: Problems, Text, and Cases" by Stephen G. Bryer, Richard B Stewart
Edition: 9th
Publisher: Aspen Pub
ISBN: 9781543825824
Required