Req: Koch, Administrative Law: Cases and Materials, 6th ed., Lexis Nexis 9781422470435Rec: Fox, Understanding Administrative Law, 5th ed., Lexis Nexis 9781422417140Rec: Funk, Adminstrative Law: Example & Explanations, 4th ed., Wolters Kluwer 9781454805212Rec: Gellhorn, Admin Law & Process In a Nutshell, 5th ed., West Law 9780314144362
Each evening class consists of two classes as set out in the syllabus. For the first class, prepare as follows:
Class #1 - Introduction - pages 1-36
This material raises a number of philosophical questions:
- To what extent and when is the community responsible for protecting or assuring the well being of its members?
- What is the role of government in meeting that responsibility?
- How should government fulfill its role? Criminal prosecution? Regulation? Providing subsidies or other financial benefits?
Those with last names beginning with A-R should view the materials from Abby’s (and her mother’s) point of view – skeptical of reliance upon government. (See Lessons 1B.1, p. 9, and 1B.2, p. 29). Those with last names beginning with S-Z should view the materials from the point of view of Ben, the apparently idealistic new agency employee. (I may change the alphabet-based assignments depending upon the makeup of the class.)
What arguments would Ben and his colleagues make in favor of the new Wine Trade Commission? How might Abby or her mother respond?
You need to read through the Wine Trade Commission Act in Appendix I, page 779-791.
Class #2 – Constitutionality of Agencies – pages 36-51 (through Note 7)
Prepare to discuss the questions raised in Lesson 1C.1, p. 37.
On TWEN, see Agencies in the Three Branches. You can also check out other agency organization charts.