Legislation and the Regulatory State

Course Number:

Credit Hours:
4 Credit Hours

Most of what we today term "law" is made, not in common law courts, but by legislatures (e.g., Congress) enacting legislation, and regulatory agencies (e.g., the Environmental Protection Agency) adopting regulations and standards to implement that legislation. Legislation and the Regulatory State introduces students to the institutions and procedures used by the modern administrative state to make law. It examines how Congress and agencies work together to make law, and then examines how the agencies and the courts work together to apply them. The course also examines the justifications for modern regulation, the structure of the modern administrative state, the incentives that influence the behavior of the various actors, and the legal rules that help to structure the relationships among Congress, the agencies, and the courts, including the role of courts in interpreting statues and reviewing administrative actions when they are challenged by parties affected by those regulations. Required for graduation.

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