The Administrative and Regulatory State Prof. Deborah Malamud, Spring 2007

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The Administrative and Regulatory State

Prof. Deborah Malamud, Spring 2007

Course Outline: Dates and Topics

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

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