Administrative Law Class, Spring 2009

Law 920, Professor Rogers, Spring, 2009

Tuesday, Wednesday, Thursday, Friday at 8 a.m. in Room 240.


 Current Assignment

Responses to Student E-mail Questions

Kentucky Administrative Procedure Act, KRS Chapter 13A

Kentucky Administrative Procedure Act, KRS Chapter 13B

Kentucky Administrative Regulations (KAR)

ABA Administrative Procedure Database

Federal Register on line

Course description. In this course you will learn how administrative agencies fit into the legal scheme. This is not an administrative practice class, but rather an effort to examine the law affecting how agencies operate. Since agencies affect virtually every area of life, it is impossible to study the substantive law applied by each agency (e.g., aviation law for the FAA, or discrimination law for the EEOC). Some legal problems affect agencies in general, and arise again and again in different contexts. We will talk about the ability of the legislature, the executive itself, and particularly the courts, to control what agencies do. Why have agencies in the first place? When can an agency decision be overturned in court? To what extent must an agency explain its decisions? What kind of procedural requirements are required for which kinds of agency actions? And more importantly, why? And should it be different?

The policy questions hinted at in the last question must be examined because of the changing nature of administrative law. In fact, administrative law reflects current events as much as, or more than, any course in the curriculum today.

We will use Rogers, Healy, and Krotoszynski’s Administrative Law (2d ed.). The method will be class discussion and argumentative analysis. In addition to the principles of law (to the extent they exist), the course will emphasize how to persuade when making an administrative law argument.

Any student may be called on any day. All students must be present and prepared every day. Preparation involves reading the assigned pages for the following class, rereading if necessary, and thinking about (analyzing) the material read.

Your grade will be based on a 3-hour final examination. Although the exams are graded strictly anonymously, your participation in class may affect your grade. In the past, class participation has affected grades up to 2 notches (i.e., e.g., “B minus” to “B plus”). An example of valuable class participation is the voluntary contribution of thoughtful and relevant comments and questions. An example of particularly poor class participation is absence from class.

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