Advanced Administrative Law (Capozzi)
Faculty
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| Louis Capozzilouc4455@gmail.com |
Additional Information
Skills Training
Oral Presentations
Expository Writing
Grading
25% Participation,
75% Paper
With Permission of Instructor
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:
- If you are absent, due to illness or some other unavoidable circumstance, email me and I can ask for volunteers among your classmates to share their notes with you.
- Please make an appointment to meet with me and I will review/answer questions about what you missed.
Meeting Times/Location
R 6:40PM - 8:40PM
Silverman Hall 280
Category
Seminar
Credits
3.0
One cannot understand how American government operates without understanding the power of federal administrative agencies. Agencies issue the vast majority of new federal laws. They play the leading role in enforcing federal laws (including the ones they wrote). And they often adjudicate violations of federal law, making important decisions that receive considerable deference from federal courts.
Yet there are important limits on federal administrative power. This is an especially exciting time to study those limits. As the Supreme Court has expressed growing anxiety about the power of the administrative state in recent years, it has used a variety of doctrinal tools to cabin agency power. Just a few months before this course began, the Supreme Court issued several landmark decisions that will reshape administrative law.
This course studies the limits on federal administrative power. We will give considerable attention to:
-The basic methods of agency decisionmaking
-The non-delegation doctrine
-The major questions doctrine
-"Hard look review" under the APA
-The rise and fall of Chevron deference
-The Appointments Clause
-Limits on the President's power to remove executive officers
-Constitutional limits on agencies' adjudicative powers
-The Appropriations Clause and limits on agency funding mechanisms
Administrative law is not a prerequisite to this course. For those who have taken administrative law, there is some overlap—but the course is designed to dig deeper on subjects given only limited attention during the introductory class. Anyone interested in constitutional law or the structure of American government will find this course valuable.
Classes will generally feature introductory lectures. But most of the class will be devoted to group discussions and debates. I'll do my best to keep those discussions lively and fun. The course will also feature several guest lectures, including from Roman Martinez (who argued to overrule Chevron in the Supreme Court) and former OIRA Administrator Paul Ray.
Instructor Louis Capozzi Associate, Jones Day (Washington D.C.) Former Law Clerk to Justice Neil Gorsuch (OT 2021) lcapozzi@jonesday.com 717-802-2077
*** I look forward to getting to know each member of the class. Please feel free to contact me at any time. I am happy to write letters of recommendation; that is of course easier if you participate and do good work in the class. Near the end of the semester, I will invite the class for food and drinks at a nearby restaurant.
Grades
-Grades will be based on two factors:
75%: Students will write a final paper analyzing an issue relevant to the class. Students will propose a topic to me around the middle of the semester. With permission, this paper can be used to satisfy the law school's writing requirement.
25%: Participation. Students are expected to read the materials and regularly contribute to class discussions and debates.
If you need an extension on a deadline, you must ask for it before the original deadline. Otherwise, late submissions will be penalized one grade level. Course Materials
We will use the following casebook:
ILAN WURMAN, ADMINISTRATIVE LAW: THEORY AND FUNDAMENTALS (2d ed. 2024).
All other materials will be available on Canvas.
Advanced Administrative Law is not an experiential course and does not count towards the experiential credit requirement.
Skills Learning outcomes: Demonstrate an understanding of the individual course skill; Demonstrate the ability to receive and implement feedback; Demonstrate an understanding of how and when the individual course skill is employed in practice.
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.
Courts and the Judicial System Learning outcomes: Demonstrate a core understanding of both substantive and procedural issues in the operation of our legal system; Perform legal analysis in the context of procedural issues and the judicial process; Communicate effectively on topics related to procedure and the judicial process; Demonstrate an understanding of how procedural issues and the judicial process affect all other area of our legal system.
Perspectives on the Law Learning outcomes: Demonstrate an understanding of how the law affects, and is affected by, the individual course topic; Perform legal analysis in the context of the individual course topic; Communicate effectively on the legal and other aspects of the individual course topic; Demonstrate the ability to use other disciplines to analyze legal issues relevant to the individual course topic, including economics, philosophy, and sociology, as appropriate.
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 Theory and Fundamentals " by Ilan Wurman |