Fall 2015 - Hornstein: The course is one part constitutional law and two parts administrative process, theory, and practice. The constitutional law aspect focuses on separation-of-powers and due process. The administrative process aspect covers federal agencies (no state agencies or processes are studied) and focuses on the forms of agency decision making (rule making or adjudication), on the relationship between agencies and the political branches, and on judicial review of agency action.
Spring 2016 - Kim: This course explores the central role of federal agencies in the
development and implementation of public policy in the modern administrative and
regulatory state. We will examine the constitutional relationship between
agencies and the President, Congress, and federal courts; the mechanisms
employed by agencies to develop and implement policy; and the constitutional,
statutory, political, and practical constraints to agency
decision-making. Major topics include: separation-of-powers; procedural
due process; forms of agency decision-making (e.g., rulemaking, adjudication);
and judicial review over agency action.
Fall 2015 - Hornstein and Spring 2016 - Kim: Administrative Law is recommended as a "core" public law course, ideally taken before more specialized public law courses. It is a prerequisite that must be taken before students are allowed to take Professor Hornstein's new advanced course on substantive economic regulation and deregulation (offered for the first time in Spring 2012 and thereafter every other year).