Professor: Bierschbach, Herz, Araiza, Bell
The Constitution, like junior high school civics classes, suggests that Congress, the President, and the courts govern in the United States. In reality, however, we live in the 'administrative state': individuals and firms (and, thus, most clients) are most directly and significantly affected not by the actions of Congress, courts, or the President, but rather by those of administrative agencies. This course will introduce the institutions, procedures, and theories of the administrative state. We will explore the constitutional foundations of the modern administrative state, the scope of executive and congressional oversight of agency activity, the procedural and substantive constraints on agency rulemaking and adjudication, and the scope and availability of judicial review of agency action. As time permits, we will also devote some attention to the justifications for and tools government regulation.