Kovacs, Oberdiek, Oren, Scales
This course is not a formal prerequisite to any other course. It is useful, however, as a pre- or corequisite to courses concerned with the formulation or implementation of a complex body of law by one or more administrative agencies.
An introduction to the law controlling how administrative agencies work. Such agencies have
become extremely important; much law is made by agencies using rule-making authority, or is
implemented by agencies acting in a judicial capacity. The advent of administrative agencies
raises difficult constitutional and institutional issues. How can we ensure that agencies are
responsible to the elected branches and, through them, to the people? To what extent is the
creation of administrative agencies a proper response by legislatures to tough public policy
issues? How can individuals be protected from arbitrary treatment by agencies? When is an
individual entitled to a hearing before harmful administrative agency action? How should
administrative agency procedures be structured to take advantage of agency expertise without
shutting out interested parties? How can agency bureaucracies be prevented from assuming an
overly powerful role in decision making? To what extent should the president be able to control
administrative agency action? How stringently ought the courts review administrative agency
action? Who ought to be able to challenge administrative agency action in the courts, and when?
All of these issues are addressed.