General Administrative Law Courses

4 credits

This course will examine the nature and functions of federal administrative agencies and the legal controls on agency action. Agency action is situated and examined in its political and legal contexts. Topics include the status of administrative agencies in the constitutional framework of separation of powers including the non-delegation doctrine, the President's appointment and removal powers in light of the unitary executive, the constitutionality of the legislative and line-item vetoes, the constitutionality of agency adjudication, and the constitutional (and political) status of independent agencies; agency rulemaking and adjudication including the choice of procedural model and the procedural requirements of the rulemaking model; and the availability, timing and scope of judicial review of agency action including standing to seek judicial review and exceptions to the availability of judicial review. The course also examines different methods of policy analysis such as regulatory impact analysis and cost-benefit analysis. Additional topics include discriminatory enforcement, regulatory delay, judicial imposition of procedural constraints on agencies, the implication of private rights of action from regulatory statutes and the availability citizens' suits. Some attention may be paid to differences between state and federal separation of powers doctrines.

FALL 2024: LAW JD 801 A1 , Sep 3rd to Dec 5th 2024
SPRG 2025: LAW JD 801 B1 , Jan 13th to Apr 23rd 2025

1 credits

Many practice areas, from environmental law to immigration law, are heavily regulatory. Learn about the structure of administrative law research, from enabling statutes to agency adjudication, in this class. The class will focus on developing your understanding of the structure of administrative agencies and using the various sources of administrative law. You will learn what information is available from government sources and what specialty publishers bring to the table with an emphasis on being cost effective in the workplace. Classes will combine instruction and hands-on exercises using the major print, electronic and web based resources in administrative law. NOTE: Students may not add this course after the first class has been held. NOTE: This class counts toward the 6 credit Experiential Learning requirement. ENROLLMENT LIMIT: 16 students ATTENDANCE REQUIREMENT: A student who fails to attend the first class or to obtain permission to be absent from either the instructor or the Registrar, will be administratively dropped from the class. Students who are on the wait list are required to attend the first meeting to be considered for enrollment. Meeting dates -- TBD.

Var credits

THIS CLASS IS RESTRICTED to students who have received permission from the Clinical and Experiential Programs Office to enroll. The Cannabis Law Externship Seminar (Externship Seminar) will be a tethered externship seminar. It will be open to a small (4-6) cohort of students who have secured cannabis law related externships The Externship Seminar will be a one credit experiential class with co-requirements of the Cannabis Law Seminar and a cannabis law field placement. The Externship Seminar will integrate the Cannabis Law course material and the assignments that students are working on at their placements, tethering the two experiences. The course will focus on the practice of law as it relates to the emerging area of cannabis law, legal ethics and professional responsibility within the field of cannabis law, students' professional development, and access to justice. COREQUISITE: Cannabis Law Seminar (JD 668) NOTE: Credits earned for the Cannabis Externship Fieldwork may be counted towards the 6 credit Experiential Learning Requirement.

1 credits

THIS CLASS IS RESTRICTED to students who have received permission from the Clinical and Experiential Programs Office to enroll. The Cannabis Law Externship Seminar (Externship Seminar) will be a tethered externship seminar. It will be open to a small (4-6) cohort of students who have secured cannabis law related externships The Externship Seminar will be a one credit experiential class with co-requirements of the Cannabis Law Seminar and a cannabis law field placement. The Externship Seminar will integrate the Cannabis Law course material and the assignments that students are working on at their placements, tethering the two experiences. The course will focus on the practice of law as it relates to the emerging area of cannabis law, legal ethics and professional responsibility within the field of cannabis law, students' professional development, and access to justice. COREQUISITE: Cannabis Law Fieldwork (JD 669) NOTE: Credits earned for the Cannabis Externship Seminar may be counted towards the 6 credit Experiential Learning Requirement.

3 credits

This seminar will explore how the law shapes the assessment of, and response to, the financial risks of climate change. We'll look, for example, at how misaligned incentives for risk-taking (such as between a developer and a house buyer, or between a corporation and its insurer) lead to overdevelopment in flood plains and areas with high wildfire risk. After an introduction to the economics of climate change, we'll turn to questions like: What role do securities regulators, insurance commissioners, and central bankers play in the transition to a greener economy? What does "ESG" investing mean and does it do anything? Are markets foreseeing both physical risks and transition risks (i.e., stranded assets)? Our approach will consider the political economy of risk bearing, and investigate dynamics like the influence of credit ratings agencies on local government investment in sea-level rise adaptation. UPPER-CLASS WRITING REQUIREMENT: This class may be used to satisfy the requirement. GRADING NOTICE: This class will not offer the CR/NC/H option. **A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

3 credits

Graduate Prerequisites: ADMINISTRATIVE LAW - Workers today have little say inside American companies. This course will explore worker voice in the corporation and workplaces more generally. We will investigate various methods for enhancing worker voice, such as codetermination, bicameralism, unionization, worker councils, employee ownership, and shareholder activism. We will explore how corporate law and investor law both inhibit and shape worker economic voice, and we will study various current developments including efforts to put workers on corporate boards, the human capital management movement, labor's capital activism, proposed reforms to corporate governance and corporate purpose, and expanding notions of fiduciary duty. There will be several professional and academic guest speakers. GRADING NOTICE: This class does not offer the CR/NC/H option. PREREQUISITE: Corporations. UPPER-CLASS WRITING REQUIREMENT: A limited number of students may use this class to satisfy the requirement. ** A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

2 credits

Health care organizations of all types (hospitals and health systems, medical device and pharmaceutical companies, health plans, and other health care providers) must develop and maintain an effective corporate compliance and ethics program. Boards of Directors are judged on whether or not they have taken steps, directly and through management, to implement such programs. This is necessary both as a core management tool and to demonstrate a commitment to good governance and compliance in order to take advantage of penalty reductions under U.S. Sentencing Guidelines, including the Sentencing Commission’s June 2020 revisions. “Such compliance and ethics program shall be reasonably designed, implemented, and enforced so that the program is generally effective in preventing and detecting criminal conduct.” But how do you design such a program? How does legal counsel assist the company in building and operating one? What distinguishes the “legal function” from the “compliance function.” Lawyers working in health care businesses need to be able to answer these questions to advice the board and management. This course focuses on the fundamentals required to develop and maintain an effective health care corporate compliance program. Students will study the seven elements of a successful compliance program in practical detail and will learn best practices for compliance programs. Specifically, this will include learning how best to design and implement compliance oversight and committees, practicing policy drafting, and exploring the most effective ways to educate and train in compliance. This will also include developing an excellent understanding of audit, investigation, and corrective action skills and strategies. GRADING NOTICE: This class does not offer the CR/NC/H option.

FALL 2024: LAW JD 745 A1 , Sep 3rd to Dec 5th 2024

6 credits

THIS CLASS IS RESTRICTED to students who have formally applied to and been accepted to the Legislative Policy & Drafting Clinic. Students learn about the law-making process through coursework and hands-on experience working with a client seeking to advance a bill or project through the state legislature. Students work on several projects during the semester that highlight different aspects of the legislative process, allowing students to relate and test the theories discussed in class to real life situations. The in-class seminar covers subjects that affect the legislative process including: constitutional interpretation by legislatures, theories of representation, legislative organization and rules, lobbying, legislative oversight powers, and legislature-executive agency relationships. The clinic instructor works with students to select projects in the students' specific areas of interest, if any. In particular, students interested in business and tax, environment law, or health law, may specialize in those areas for the full semester. NOTE: This clinic counts toward the 6 credit Experiential Learning requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.

FALL 2024: LAW JD 786 A1 , Sep 3rd to Dec 5th 2024
FALL 2024: LAW JD 786 A2 , Sep 3rd to Dec 5th 2024
FALL 2024: LAW JD 786 A3 , Sep 3rd to Dec 5th 2024
FALL 2024: LAW JD 786 A4 , Sep 3rd to Dec 5th 2024
FALL 2024: LAW JD 786 A5 , Sep 3rd to Dec 5th 2024
SPRG 2025: LAW JD 786 B1 , Jan 13th to Apr 23rd 2025
SPRG 2025: LAW JD 786 B2 , Jan 13th to Apr 23rd 2025
SPRG 2025: LAW JD 786 B3 , Jan 13th to Apr 23rd 2025
SPRG 2025: LAW JD 786 B4 , Jan 13th to Apr 23rd 2025
SPRG 2025: LAW JD 786 B5 , Jan 13th to Apr 23rd 2025