Class # Date
Outline
# Topic
I. INTRODUCTIONS
1 8-Jan A.
2 10-Jan B.
II.
Introduction to Legislation and Administrative Law
Introduction to Labor Regulation
THE LEGISLATIVE PROCESS
3 17-Jan A.
4 22-Jan B.
How Statutes Get Made (with some help from Title VII of the Civil Rights Act of 1964)
Interest Groups and the Legislative Process (Class 1 of 2)
5 24-Jan
6 29-Jan C.
D.
III.
A.
7 31-Jan 1
8 5-Feb 2
9
B.
7-Feb 1
10 12-Feb 2
11 14-Feb 3
C.
12 20-Feb 1 continued
Voting Rules and the Instability of Majorities
Inter-Institutional Dialogue and the Legislative Process
STATUTORY INTERPRETATION: THE COURTS SPEAK
A First Look at Three Canonical Cases (so to speak):
Holy Trinity
Fishgold and Weber
Playing "Jeopardy" With Statutes: If Statutory Interpretation is the Answer, What is the
Question?
Purpose and intent
Plain meaning, old and new
Whose purpose (etc.)? The intertemporal dimension and "dynamic" statutory interpretation
Once You Decide the Question, How Do You Find the Answer? Tools of the Trade
Textual sources
13 21-Feb 2
14 26-Feb 3
15 28-Feb IV.
V.
A.
16
17
BREAK
5-Mar 1
7-Mar 2
18 19-Mar 3
19 21-Mar 4
20 26-Mar 5
B.
21 28-Mar 1
22
23
24
2
2-Apr a.
6-Apr b.
9-Apr c.
25 13-Apr
3
26 16-Apr
27 18-Apr
28 23-Apr C.
Common law sources (examples from Title VII and the NLRA)
Legislative history: from best to worst
LEGISLATION: RECAP AND EVALUATION
THE ADMINISTRATIVE STATE
The Administrative Agency and the Political Branches, In Constitutional Law and
Contemporary Practice
The Executive Power and the Agency: Constitutional Limits on Executive Control
Executive Oversight of Administrative Agencies
Agency Self-Scrutiny: Guest Speaker, Glenn Fine, Inspector General for the Department of
Justice
The Legislative Power and the Agency: Non-Delegation
Legislative Oversight of Administrative Agencies
Judicial Review of Agency Action
Judicial review of factfinding in formal adjudication: the "substantial evidence" standard
Judicial review of agency policymaking: the "arbitrary and capricious" standard the standard in the context of informal adjudication the standard in the context of formal adjudication the standard in the context of informal rulemaking
Judicial review of agency determinations of law: Chevron and its progeny (Class 1 of 4) continued continued continued
Due Process and the Administrative State