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Fall 2014
5382 Administrative Law - KUMAR- 17162

Professor(s): Sapna Kumar (FACULTY)

Credits: 3

Course Areas: Procedure and Practice 

Time: 2:30p-4:00p  MW  Location: 240  TUII

Course Outline: A study of the administrative process, primarily at the federal level; agency powers; agency jurisdiction; agency procedures; limitations on agency power; enforcement of agency decisions; judicial review.

Course Syllabus: Syllabus revised 8/15/14

Course Notes:   

Prerequisites: No  None

First Day Assignments: (Aug. 25) Constitutionality of Delegating Policymaking Authority. Read entire syllabus, plus p. 23–26, 30–33, 45–53, 60–66.

Historically, the Supreme Court has taken a very deferential view of how much lawmaking authority Congress may “delegate” to (or vest in) an administrative agency without violating Article I, as we see in Schecter. Post-Schecter, we see a dramatic drop in use of the non-delegation doctrine. The D.C. Circuit attempts to revive the doctrine in Amercian Trucking Association, only to be reversed by the Supreme Court. Yet, the non-delegation doctrine still lives on, albeit in another form.

Focus Questions: (1) What is the non-delegation doctrine and the intelligible principal test? (2) Why is the Supreme Court concerned about the delegation in Schecter? (3) What is left of the non-delegation doctrine after Mistretta and American Trucking Association? (4) What is Scalia’s main concern in Mistretta? (5) How does American Trucking Association modify the non-delegation doctrine and intelligible principal test?

Final Exam Schedule: 12/08/14 1pm-4pm  240 TU2  215 TU2  

This course will have:
Exam: Yes
Paper: No

Satisfies Skills Course Requirement: No
Satisfies Senior Upper Level Writing Requirement: No

Experiential Course Type:

Bar Course:

Course Materials (4/3/2014 4:46:09 PM)

Book(s) Required