ADMINISTRATIVE LAW
Spring 2007
Dean Harold J. Krent
SYLLABUS
The casebook is Gellhorn and Byse’s Administrative Law, Cases and Comments, (revised 10th Edition). Additional recommended readings are noted on the course website and denoted below by “see.” The course website is located at http://www.kentlaw.edu/faculty/hkrent/classes/AdminSp07/index.htm. Each assignment represents a unit of reading – we may well cover more than one unit per class. I have placed on reserve Professor Strauss’ useful synopsis of the administrative process – An Introduction to Administrative Justice in the United States (2nd Edition). I highly recommend the latter for those of you who feel completely bewildered by the names and structure of government components. In terms of grading, I reserve up to 15% of the final grade for class participation. For those of you taking the course pass-fail, class participation counts up to 25% of the final grade.
I. SEPARATION OF POWERS - QUEST FOR LEGITIMACY |
| Introduction – Why Administrative Agencies |
1-13 |
| Delegation to Administrative Agencies |
66-77 (skim); 48-62 |
| Legislative Controls on Delegated Authority |
191-212; 176-186 |
| Executive Controls on Delegated Authority |
186-191; 138-176 |
| Executive Controls II |
224-237; 89-97;
611-627 (skim) |
III. JUDICIAL CONTROL OF ADMINISTRATIVE DISCRETION |
| Judicial Review |
902-912 |
Judicial Review of Facts and Policy
Substantial Evidence Test
Hard Look Review
|
936-973
989-1026
|
| Judicial Review of Questions of Law |
1026-1051; 1068 1091; see Brand X case, see Gonzalez v. Oregon case |
IV. AGENCY ADJUDICATION |
| Due Process – Some Old Learning |
767-783 |
| Protected Property Interests |
783-817 |
| Protected Liberty Interests |
822-837; see Perry case |
| Process That is Due |
837-871 |
| Process That is Due |
872-901 |
| Independence of Adjudicators |
374-393; 414-434 |
V. AVAILABILITY OF JUDICIAL REVIEW |
| Statutory Preclusion of Review |
1181-1209;
see Bartlett v. Bowen case |
| Committed to Agency Discretion |
1209-1228;
see Mass v. EPA case |
| Timing of Review |
1229-1257 |
VI. OVERSIGHT THROUGH TORT RELIEF |
| Statutory Actions |
1278-1290 |
| Constitutional Actions |
1291-1302 |
