Administrative State and the Courts. 2 credits

Catalog description

This seminar assesses the reconsideration of the Administrative State by the judiciary. The course will begin with a brief review of the intellectual foundations and aspirations for the Administrative State thru the works of its creators Woodrow Wilson and James Landis. We turn next as background to a few of the key 20th century cases defining the current regime of agency independence and deferential judicial review. We then consider critiques of the current regime including those by Philip Hamburger and Philip K. Howard. The second half of the course analyzes recent and pending cases in the Supreme Court and the lower federal courts reassessing and limiting the powers of the administrative state. Our study includes guest lectures by participants, as well as reading briefs, oral arguments and opinions. A prior course in administrative law is helpful but not required.Offered by Law. May not be repeated for credit.