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Welcome to Administrative Law

This course provides survey of administrative law, dealing with the powers of administrative agencies. Topics covered include constitutional limitations, rulemaking and adjudication, judicial review, and statutory laws governing administrative agencies.

Transcript

Welcome to Administrative Law! This course is divided into six chapters, with practice questions after each lesson and chapter. Designed for 2Ls and 3Ls, the course offers an overview of the powers and limitations of administrative agencies.

Chapter two provides an overview of the constitutional and statutory basis for administrative agencies. Next, the chapter covers constitutional limitations on agencies, such as the nondelegation doctrine, and the ability of Congress and the president to appoint and remove agency members. Finally, the chapter examines executive supervision of agencies.

Chapter three looks at rulemaking, the process by which agencies create rules, which are similar to laws. Topics covered in this chapter include types of rulemaking, exemptions to rulemaking requirements, limitations on agency rulemaking, and the legal effect of agency rules.

Chapter four dives into another major agency function, adjudication. It examines types of agency adjudication and the role of administrative law judges in formal adjudication. Next, the chapter looks at the application of the Constitution’s due-process protections to agency actions.

Chapter five covers judicial review of agency action, including the availability of review, issues relating to standing and timing, and the appropriate standard of review. The chapter explains the various standards of review afforded to different agency actions, such as substantial-evidence review, arbitrary-and-capricious review, Chevron deference, Seminole Rock/Auer deference, and Skidmore deference.

Chapter six explores several statutory controls on administrative agencies, most notably the Freedom of Information Act, but also the Privacy Act, the Federal Advisory Committee Act, and the Equal Access to Justice Act.

Finally, chapter seven addresses limitations on agencies’ acquisition of private information, with a focus on the Fourth Amendment, Fifth Amendment, and the Paperwork Reduction Act.

By the time you finish this course, you’ll have the knowledge you need to succeed in your Administrative Law class and on the final exam! Let’s get started.