Req: Koch, Jordan, Murphy, Administrative Law: Cases and Materials, 7th ed., LexisNexis
#9781632833778

Each evening class consists of two classes as set out in the syllabus. For the first class, prepare as follows:
After reading the material for today, please answer Quiz #1 on TWEN. Your answers will not be graded.

Class #1 - Introduction - pages 1-30
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 sorts of situations justify government intervention in private activity?
- What is the role of government if it does intervene?

Consider the Affordable Care Act, discussed at pages 7-9. If your last name begins with A - J please prepare to challenge the scheme adopted by the Act using the reasons mentioned in the text and any others you consider appropriate. If your last name begins with K-Z, please prepare to justify the scheme. (I may revise the alphabetical assignments depending upon the makeup of the class).

Then consider Lesson 1B1. Now switch philosophical sides. Those with last names beginning
A-J will justify the new regulatory scheme, while those with the last names beginning K-Z will challenge it. In effect, the first group will join Ben, the apparently idealistic new agency employee, while the second group will join Abby, who is skeptical of government interference with private ordering.

You need to consider the information in A Brief Introduction to the WTC at pp. 3-4 and also read through the Wine Trade Commission Act in Appendix I, pp. 801-813.

Class #2 - Congressional authorization and the nondelegation doctrine - pages 30-45
We will discuss the issues raised by Lesson 1C.1, p. 32, in the following manner. Those of you to my left will be Abby or her co-counsel. You will challenge the WTCA as a violation of the nondelegation doctrine. In so doing, you should focus on Sections 6 (a)-(c), 7(a)(1), and 8(a) and (c), in addition to Section 5 of the WTCA. Note that §10(c) imposes criminal penalties for violations of WTCA rules, so the statute effectively authorizes to create a sort of criminal code governing the wine industry. You should argue for a strong nondelegation doctrine under which courts demand real guidance from Congress. What is the basis for such argument? Why would it be a better policy choice?

Those of you to my right are Ben and his colleagues. Ben will defend WTCA. Ben would argue for a "weak" nondelegation doctrine (which we currently have). What is the basis for such an argument? Why would it be a better policy choice?

Agencies as adjudicators - violating Article III? - pages 45-60
We will examine these issues through Lesson 1C.2, p. 46, beginning with thorough briefing and discussion of CFTC v. Schor. What principles do we get from Schor and the notes that follow? We will then apply that learning to the lesson.