ML: Navigating the Regulatory State (Karnick)
Additional Information
Grading
35% Participation,
35% Exam,
30% Other (Midterm: 30%)
Exam
Short Answer,
Essay,
Take Home,
Open-Book
No
Class meets in person.
Meeting Times/Location
M 5:30PM - 8:15PM
Gittis Hall 1
Category
Masters in Law
Credits
3.0
Course Description: This course, which is designed for non-law students, will examine the fundamentals of administrative agencies. Such agencies formulate rules and regulations that dramatically impact modern life. Most products, technologies and commercial activities are subject to a broad array of regulations promulgated and enforced by federal agencies aimed at assuring health and safety (e.g., by the EPA, OSHA, FDA); fair and efficient markets (e.g., by the SEC, CFPB); and progress toward other public policy goals set by Congress. The modern administrative state is fraught with controversy. Are governmental agencies a practical necessity in today's complex world, or do they represent an increasingly inappropriate delegation of decision-making? Additionally, with President-elect Trump's announcement of a new Department of Government Efficiency to be run by Elon Musk and Vivek Ramaswamy, with a mandate to "dismantle government bureaucracy, slash excess regulations, cut wasteful expenditures, and restructure federal agencies," the regulatory state is sure to be in the news during this course term.
Major themes in the course will include: - Why do agencies exist? - How are agencies created? - What powers to agencies have? - Political control of agencies. - Judicial control of agencies. - Judicial review of agency action.
Course Format and Requirements: Lectures and class discussion will provide students with an understanding of agency interactions, as well as a foundational appreciation for how the administrative state is at the crossroads of the debate on the Constitution's separation of powers doctrine. Written course materials will include selections from The Regulatory State, Fourth Edition (2024, Bressman, Rubin, & Stack) (“TRS”), along with supplemental material referenced in the course syllabus.
Grading: A midterm (25%) and final exam (40%) will together comprise 65% of the grade, with the remaining 35% of the grade based on participation in class discussions.
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
"The Regulatory State" by Lisa Schultz Bressman, Edward L. Rubin, & Kevin M. Stack |