221.8 sec. 001 - Statutory Implementation: Agency Policymaking through Regulation (Fall 2023)
Instructor: Jolina C Cuaresma (view instructor's teaching evaluations - degree students only)
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Units: 1
Grading Designation: Credit Only
Mode of Instruction: In-Person
Meeting:
M 6:25 PM - 8:15 PM
Location: Law 107
From August 21, 2023
To October 02, 2023
Course End: October 02, 2023
Class Number: 32024
Enrollment info:
Enrolled: 8
Waitlisted: 0
Enroll Limit: 18
As of: 02/07 02:03 PM
Much of first-year law school aims to provide students with an understanding for how common law evolves and the central role that courts play in governing society. Unless students take advanced courses in Public Law & Policy such as Administrative Law, they may graduate with the impression that the judicial system is best equipped to resolve societal problems and address public policy concerns. That's not necessarily the case.
To be sure, even Administrative Law fails to provide a complete picture. It is taught using court opinions, again casting judges in the lead role. There is little focus on the inner workings of the modern administrative state that is tasked with implementing Congress’ statutory programs. With emerging technologies presenting intractable problems (e.g., privacy), understanding how agencies inform affected parties of the scope of their rights and responsibilities under a statute is critical to providing clients strategic advice.
Students taking this course will gain insight into regulatory agencies: what happens after a bill becomes law and how an agency's enabling statute establishes the scope of its quasi- legislative, executive, and judicial powers. Critics of the modern administrative state argue that agencies are too powerful without accountability, often because Congress has unconstitutionally delegated its authority. Because students will have the opportunity to work on pending federal bills, they will be uniquely positioned to decide for themselves whether statutory implementation inevitably results in policymaking. Does the mere choice of selecting a regulatory tool⏤for example, bringing an enforcement action versus conducting a notice and comment rulemaking⏤reflect a policy decision? My goal in designing this class is for students to develop a more informed view about the modern administrative state by giving the starring role to the agency attorneys who advise on actions a regulator may (or should) take.
While students will gain fundamental lawyering skills in drafting and negotiating legislative and regulatory language applicable to any area of law, the seminar centers on privacy law and consumer protection. Additionally, the course introduces the panoply of administrative powers, but will largely focus on rulemaking authority. To ensure that students gain rule writing experience, the final assignment is to draft a student loan servicing regulation that implements the prohibition against unfair, deceptive, or abusive acts or practices in Title X of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010.
Please note that because agencies do not operate in a vacuum, we will discuss current politics at the federal level and explore the differences in how the two political parties use regulatory tools.
Class will meet for the first 7 weeks of the semester only. There will be a make-up class held on Friday, September 15th, at 2:30pm.
Attendance at the first class is mandatory for all currently enrolled and waitlisted students; any currently enrolled or waitlisted students who are not present on the first day of class (without prior permission of the instructor) will be dropped. The instructor will continue to take attendance throughout the add/drop period and anyone who moves off the waitlist into the class must continue to attend or have prior permission of the instructor in order not to be dropped.
Prerequisites:
There is no requisite, but an understanding of administrative law or separation of powers will be be helpful.
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Requirements Satisfaction:
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Exam Notes: (P) Final paper
(Subject to change by faculty member only through the first two weeks of instruction)
Course Category: Public Law and Policy
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Books:
Instructor has indicated that no books will be assigned.