Administrative law as a field has focused, somewhat myopically, on the role of federal courts in reviewing and constraining agency action. This judicial focal point should come as no surprise. Federal courts, after all, serve as a critical bulwark in the modern regulatory state. This seminar, however, explores how it is a mistake to fixate just on courts. So much of administrative law happens without courts. Put differently, federal agencies regulate us in many meaningful, and sometimes frightening, ways that either evade judicial review entirely or are at least substantially insulated from such review. This seminar surveys recent scholarly work on administrative law and regulatory practice to better understand this concept of bureaucracy beyond judicial review. Each week we will focus on a different aspect of the modern regulatory state.
For details on class times, days of the week, instructors, and grading and exam details, please view the Michigan Law Class Schedule.