5382 Administrative Law - KUMAR- 17162
Sapna Kumar (FACULTY)
Course Areas: Procedure and Practice
Time: 2:30p-4:00p MWLocation: 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
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 1pm-4pm
This course will have:
Satisfies Skills Course Requirement: No
Satisfies Senior Upper Level Writing Requirement: No
Course Materials (4/3/2014 4:46:09 PM)