This course involves the study of the organization, function and procedures of state and federal administrative agencies, including the investigatory, rule-making, adjudicatory, and enforcement functions of such agencies, and judicial review of administrative action.
These topics are considered in the context of relevant provisions of the Administrative Procedure Act (APA)and comparable provisions of Model State APA's. Practice strategies for government, private, and public interest lawyers are explored.
Faculty comments: Professor Landers: This course involves the study of the organization, function, and procedures of state and federal administrative agencies, including the investigatory, adjudicatory, rulemaking, and enforcement functions of such agencies, and the judicial review of administrative action. The course begins with an examination of procedural due process and the how courts identify the types of interests for which due process protections apply and the nature of procedures required. The text for the course is Michael Asimow and Ronald M. Levin, State and Federal Administrative Law, which provides the opportunity to compare how the relevant provisions of the federal Administrative Procedure Act and Model State Administrative Procedure Acts address the topics considered in the course. In addition to exploring practice strategies for government, private, and public interest lawyers, the course explores the position of administrative agencies in the governmental structure and the impact of the political process on administrative agencies.
Teaching method: This professor uses Socratic instruction combined with the discussion of problems designed to illustrate the application of statutes and case law to administrative practice.
Methods of evaluation:
Paper: Approximately 40% of the course grade is based on a writing assignment distributed to students approximately midway through the semester. Papers are usually not more than 7 typewritten pages in length.
Class Participation: Participating in class is a part of the learning process for all students and the professor. Regular class attendance, therefore, is encouraged. For truly outstanding participation in class, course grades may be raised by a half letter grade, e.g. from “B-” to “B”.
Examination: Evaluation for work in the course is based also on a final examination. The examination typically consists of approximately two-thirds essay questions and approximately one-third multiple choice questions and count for approximately 60% of the course grade. This examination is a limited open book examination which means that each student will be permitted to bring the required texts for the course and any notes the student has prepared. No treatises, commercial study aids or outlines, or other such materials are permitted. For a full explanation of the exam rules, please see description on prior years’ examinations.
Base Menu Requirement
Health/Biomedical Concentration Requirements
<<Course Updated: October 27, 2010>>