Administrative Law

Professor Funk - Course Description

Administrative law is the law relating to administrative agencies. It includes constitutional law (especially separation of powers and procedural due process), Federal statutory law (especially the Administrative Procedure Act), and state statutory law (for example, Oregon's Administrative Procedure Act). Study of administrative law focuses on the activities of government agencies, from the Environmental Protection Agency to the Social Security Administration, from the Federal Trade Commission to the National Labor Relations Board. The validity of their actions depends on compliance with administrative law. Thus, lawyers for agencies, regulated industries, and public interest groups are vitally concerned with administrative law. Much of their practice both as litigants and advisors involves administrative law. Thirteen states, including Oregon, test Administrative Law on their bar exams. This course uses a problem orientation to stress practical application of administrative law.

There is a final exam with short objective questions and a longer problem question. If there is a large class, students may opt to take a multiple choice exam instead.

The American Bar Association accreditation standards require students to regularly attend the courses in which they are registered. Lewis & Clark expects students to attend classes regularly and to prepare for classes conscientiously. Specific attendance requirements may vary from course to course. Any attendance guidelines for a given class must be provided to students in a syllabus or other written document at the start of the semester. Sanctions (e.g., required withdrawal from the course, grade adjustment, and/or a failing grade) will be imposed for poor attendance.

Professor Powers - Course Description

Administrative law is the law relating to administrative agencies. It includes constitutional law (especially separation of powers and procedural due process), Federal statutory law (especially the Administrative Procedure Act), and state statutory law (for example, Oregon's Administrative Procedure Act). The validity of government agencies' actions depends on compliance with administrative law. Thus, lawyers for agencies, regulated industries, and public interest groups are vitally concerned with administrative law. Fourteen states, including Oregon, test Administrative Law on their bar exams. This course explores: sources and limits of agency authority; procedures federal agencies must use in investigation, rulemaking, and adjudication; and availability and scope of judicial review of federal agency actions. The course uses a problem orientation to stress practical application of administrative law. Course evaluation is by a final exam.

The American Bar Association accreditation standards require students to regularly attend the courses in which they are registered. Lewis & Clark expects students to attend classes regularly and to prepare for classes conscientiously. Specific attendance requirements may vary from course to course. Any attendance guidelines for a given class must be provided to students in a syllabus or other written document at the start of the semester. Sanctions (e.g., required withdrawal from the course, grade adjustment, and/or a failing grade) will be imposed for poor attendance.