This course is a part of the program leading to:
Master of Science in Legal Studies
Master of Science in Compliance Law
Master of Science in Taxation
Legal Research and Writing
This course deals with administrative law in the United States. Specifically, this course will focus on the interplay between administrative agencies and executive, judicial and legislative branches of government. A significant amount of time will be spent discussing the key constitutional provisions which allow for the transfer of power from the legislative branch to administrative agencies, as well as the checks and balances required to sustain our way of government. In addition, the course will focus on the significance of the Administrative Procedures Act and what requirements it imposes on all federal agency action. Key concepts to consider are: The Delegation Doctrine, Separation of Powers, The Intelligible Principle Test, Rulemaking, Adjudication, Due Process, Judicial Review, The Seventh Amendment, Chevron “Two-Step” and Citizens’ Access to Governmentally Held Information.
At the completion of this course, the student will be able to:
- Understand what requirements must be met for a constitutional delegation of power from Congress to an administrative agency.
- Understand the key elements of the Intelligible Principle Test.
- Describe the three branches of government and how the Constitution requires a system of checks and balances between the them and administrative agencies.
- Understand the history behind the passage of the Administrative Procedures Act.
- Understand the requirements imposed on administrative agencies by the Administrative Procedures Act.
- Describe the fundamental components of the rulemaking process.
- Describe the fundamental components of the adjudication process.
- Reconcile administrative law with the Seventh Amendment’s right to a jury trial.
- Understand the concept of judicial review and its significance in administrative law.
- Apply the general rule outlined in Chevron that courts must follow when they review a federal agency's construction of a federal statute.
- Understand the key provisions of the Freedom of Information Act and the Privacy Act.