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Administrative Law
This cluster concerns the work of government agencies, including areas such as the regulation of health and safety and the administration of disability and welfare programs. In this field, the basic introductory course in Administrative Law provides a gateway for many other offerings. While Administrative Law may not always be formally required before other courses can be taken, it is generally a good idea to take this important offering sooner rather than later when one is studying government regulation. While the focus in Administrative Law is on federal programs and cases, the principles developed in the federal domain dominate state and local regulatory and administrative law as well, although of course their application sometimes differs. Thus, the course deals with problems in such traditionally non-federal areas as public utility rate regulation and professional and occupational licensing. In short, whether or not one expects to practice in areas that involve federal programs, Administrative Law is often a basic framework course. Two versions of Administrative Law are available. The traditional offering studies the delegation of power to agencies, the procedures followed by agencies, and judicial and other oversight of agencies. The power of agencies to promulgate rules, decide individual cases, and conduct investigations is carefully studied. The other version of this basic course is called Administrative Law and Regulatory Policy. This course covers everything treated in traditional administrative law, while adding detailed studies of certain areas, such as health and safety regulation, designed to show the interaction between the substance of administrative programs and the processes used to implement those programs. The area of government regulation is so vast that several other curriculum clusters are closely related to it in the sense that Administrative Law is a sensible introductory course for students interested in those fields. Examples include the Antitrust Law, Commercial Law, Communications Law, Corporate Law and Securities Regulation, and Environmental Law clusters. In addition we offer a number of courses and seminars in specific areas exploring government regulation of a single activity. A summary of these offerings follows. In each case, the goal is to unite the general principles of administrative law with the particular attributes of the subject matter at hand. Aviation Law encompasses air transportation, including liability and economic regulation issues. The Space Law Seminar explores similar topics in the context of scientific and commercial uses of outer space. Energy law is studied in the Energy Problems Seminar. The complex interaction of the government and the private sector in a field that dominates much of our economy is carefully assessed. The related functions of several agencies, including the Nuclear Regulatory Commission and the Department of Energy, are covered. The Deregulated Natural Gas and Electric Power Industries Seminar examines the federal regulation of the interstate natural gas and electric power industries under the Federal Energy Regulatory Commission and the recent deregulation of these industries. Customers’ access to and continuity of supply of these resources is addressed. This seminar is offered in alternation with the Energy Problems Seminar. The regulation of banking and financial institutions has been an important area of government regulation in recent years. There are two introductory courses. The three-credit Banking and Financial Institutions Regulation focuses on federal regulation of banks and bank holding companies, but also covers other financial intermediaries including securities firms and investment companies and examines relevant foreign and international law. The two-credit Federal Regulation of Financial Institutions covers the federal deposit insurance system, bank failures, restrictions on bank activities in investment banking and mutual funds, and current issues surrounding geographic expansion. Students may take one but not both of these courses. Also of great interest in Washington, DC, is the regulation of elections and campaign financing. Professor Schotland and Adjunct Professor Hebert offer the introductory course Election Law: Ballots, Bucks, Maps, and the Law. Students have an opportunity for more in-depth study in the Election Law: Advanced Seminar. Food and drug and health law are rapidly growing areas covered in several courses and seminars. The course, Food and Drug Law focuses on the activities of the Food and Drug Administration. There are also courses and seminars on health law and policy, public health law, and on the regulation of medical technology. Finally, the course in State and Local Government Law is closely related to the government regulation cluster. When local governments act they often do so through administrative agencies, such as the school board or the zoning board, thus bringing fundamental issues of administrative law into play. Full-time and Visiting Faculty: |
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