Administrative Law, Legislation, And Governance

2Administrative Law, Legislation, and GovernanceRegulation Under Dodd-Frank and SEC Regulation of FinancialInstitutions and the Securities Markets.legislative research, preparation of written advocacy materials, andparticipation in hearings and other legislative encounters. Food and drug and health law are rapidly growing areas covered inseveral courses and seminars. The Food and Drug Law survey courseand the fieldwork practicum Public Interest Advocacy: GovernmentRegulation of Food and Personal Care Products focus on the activitiesof the Food and Drug Administration. There are also courses andseminars on health law and policy, public health law, and on theregulation of medical technology. Students have participated as externs for academic credit at anumber of agencies and non-governmental organizations (NGO)working in the area of administrative law. Some externs participatein litigation before courts and agencies, help develop commentson agency rulemakings—or, if placed with an agency working on arulemaking, receive, review, and analyze comments submitted inresponse to a proposed rule—and conduct research that informsstrategic litigation and counseling decisions. Past externs havealso contributed to agency and NGO efforts to shape legislation.As discussed above, students interested in a practice involvinggovernment regulation and administrative law should also choosea specific subject matter. To take one example, some of our paststudents interested in the regulation of the environment foundexternship placements at the White House Council on EnvironmentalQuality (CEQ), the Environmental Protection Agency (EPA) in boththe Office of Criminal Enforcement and Office of Administrative LawJudges, as well non-profit organizations such as Oceana and theNatural Resource Defense Council. Students placed at CEQ helpedstaff advise agencies and the Executive Office of the President onhow to apply environmental impact review requirements and alsoto develop and shepherd initiatives requiring coordination amongmultiethnic agencies. Immigration Law and Policy explores immigration regulation andlawmaking, with attention paid to the multi-branch process ofestablishing, implementing, and reviewing immigration law. The course in Local Government Law studies how local governmentsact, often through administrative agencies such as the schoolboard or the zoning board, thereby bringing fundamental issues ofadministrative law into play. The Space Law Seminar explores similar topics in the context ofscientific and commercial uses of outer space.Opportunities to ExperienceAdministrative Law in Washington, D.C.One of Georgetown Law's greatest assets is its physical proximity to allthree branches of government. Through practicum and clinical offeringsand externship placements, students can observe and participate in thecreation, implementation, and interpretation of the law. The followingexperiential opportunities are examples of the countless ways to gain thisfirst-hand view of Administrative Law through our experiential offerings: Civ Tech: Digital Tools and Access to Justice Practicum integratesclassroom learning on how regulatory agencies work with handson collaboration with these agencies. As part of the experientialcomponent, students develop apps that increases access to justiceand/or improves the effectiveness of legal representation. In the Public Interest Advocacy: Government Regulation of Foodand Personal-Care Products practicum, students utilize legislativeand administrative materials as well as case law to becomeacquainted with the processes by which the federal governmentregulates food and personal-care products, and to critique both thestatutory framework and the performance of FDA in carrying out itsadministrative duties. In their fieldwork, students are assigned toprojects at the Environmental Working Group. Policy Clinic (Harrison Institute for Public Law) is a Fall-semester oryear-long opportunity for students to serve legislators, attorneysgeneral, regulatory agencies, citizen coalitions and Georgetownprograms that support government needs. As their policy lawyers,clinic students analyze lawmaking authority, identify options forchanging policy, help clients plan their strategy, and draft policybased on client choices. Students work in one or more project teams:(1) health and food policy (e.g., regulation and purchasing of schoolfood, legal issues in health reform); (2) human rights and workerstrategies (e.g., human rights and labor standards in governmentpurchasing, employment policies of universities); (3) trade policy(e.g., regulation of services, foreign investor rights, subsidies,procurement); and (4) climate policy (e.g., adapting to sea levelrise, drought, and urban heat effects through land use regulation,transportation planning, and funding of infrastructure). In the Federal Legislation Clinic students are prepared to work as"legislative lawyers." In addition to classroom instruction on theorganization and operation of the federal legislative and executivebranches, students participate in intensive field work involvingSearch Administrative Law, Legislation, and Governance Courses h/?cluster cluster 1)LAW 025 v00 Administrative Law h/?keyword LAW%20025%20v00)J.D. Course (cross-listed) 3 credit hoursThis course considers the constitutional, statutory, and other legallimitations on what government agencies can do and how they can doit. What constraints govern the power of agencies to make law, decidecases involving private parties, and investigate citizens? How much"due process" must government agencies give citizens whose lives theyaffect; what limits has Congress imposed on the procedures for agencydecision making; and to what extent can people call on courts to checkwhat they regard as abuses of governmental power? These are amongthe questions addressed in the course, which draws together problemsranging from the legitimacy of New Deal institutions to the dramaticprocedural innovations of recent federal administrations and problemscreated by renewed Congressional interest in the details of agencydecision making.Recommended: For Professor Nager's section: Prior or concurrentenrollment in Constitutional Law I: The Federal System.Mutually Excluded Courses: Students may not receive credit for boththis course and the first-year elective by the same name or the first-yearcourse, Government Processes.

Administrative Law, Legislation, and GovernanceLAW 025 v06 Administrative Law h/?keyword LAW%20025%20v06)J.D. Course 3 credit hoursThis course is designed to introduce you to the core institutionsand processes of the modern administrative state. You will come tounderstand the tremendous power exercised by administrative agenciesas well as the significant constraints under which they operate. Youwill learn the procedures governing the key categories of administrativeaction; the doctrine governing judicial review of administrative action;and non-judicial mechanisms of agency control within the Constitution’sseparation-of-powers framework.Learning Goals: By the end of the semester, you should be able to:(1) Identify the legal framework (statutory, constitutional, doctrinal) thatapplies to a particular issue of administrative action;(2) Apply the relevant legal framework to a given set of facts; and(3) Evaluate the merits of the legal framework against a variety ofnormative goals.You should also (4) be conversant in contemporary debates about theadministrative state and be able to articulate and justify your views.Mutually Excluded Courses: Students may not receive credit for thiscourse and the upperclass course with the same title.Note: This course is a first-year elective. First-year day students select anelective offered in the spring.LAW 025 v08 Administrative Law h/?keyword LAW%20025%20v08)J.D. Course 3 credit hoursVirtually all areas of law today involve a substantial element ofadministrative law. This course introduces you to the role ofadministrative agencies and how law and political factors shape theirpowers and work. This includes materials on how they are empoweredand constrained by the Constitution, Congress, presidents, and thecourts. We also study ways in which agencies generate law and developpolicies. This class coverage includes, among other topics, materialson citizens’ abilities to petition, shape, and litigate over agency actions;changing views of presidents’ roles and powers over agencies; andstatutory factors and doctrine shaping judicial review of agency lawinterpretation, reasoning, responsiveness, policy shifts, and engagementwith science and facts.Mutually Excluded Courses: Students may not receive credit for boththis course and the first-year elective by the same name or the first-yearcourse, Government Processes.3LAW 1349 v00 Administrative Law h/?keyword LAW%201349%20v00)J.D. Course (cross-listed) 3 credit hoursThere is no more fundamental course in law school than administrativelaw. This course introduces you to the modern administrative andregulatory state. You will come to understand both the tremendous powerexercised by administrative agencies and the significant constraints(legal and political) under which they operate. You will learn to identifythe design features that might make an agency constitutionallyproblematic, the factors that make one type of decision-makingframework more appropriate than another, the prerogatives and limits ofagencies in interpreting the statutes they are charged with administering,and agencies’ prerogatives and limits in adjudicating facts and exercisingpolicymaking discretion. You will also learn to identify the factors thataffect the availability and timing of judicial review of agency action.Mutually Excluded Courses: Students may not receive credit for boththis course and the first-year elective by the same name or the firstyear electives, The Regulatory State or Legislation and Regulation, orGovernment Processes, or Legislation and Regulations: Law, Science, andPolicy.LAW 1349 v01 Administrative Law h/?keyword LAW%201349%20v01)J.D. Course 3 credit hoursThere is no more fundamental course in law school than administrativelaw. This course introduces you to the modern administrative andregulatory state. You will come to understand both the tremendous powerexercised by administrative agencies and the significant constraints(legal and political) under which they operate. You will learn to identifythe design features that might make an agency constitutionallyproblematic, the factors that make one type of decision-makingframework more appropriate than another, the prerogatives and limits ofagencies in interpreting the statutes they are charged with administering,and agencies’ prerogatives and limits in adjudicating facts and exercisingpolicymaking discretion. You will also learn to identify the factors thataffect the availability and timing of judicial review of agency action.Mutually Excluded Courses: Students may not receive credit for boththis course and the upperclass course by the same name or the firstyear electives, The Regulatory State or Legislation and Regulation, orGovernment Processes, or Legislation and Regulations: Law, Science, andPolicy.Note: This course is a first-year elective. First-year day students select anelective offered in the spring.

4Administrative Law, Legislation, and GovernanceLAW 1611 v00 Administrative Law and Public Administration e-search/?keyword LAW%201611%20v00)J.D. Seminar 3 credit hoursAdministrative law scholars have observed an increasing disconnectbetween the legal framework and doctrine governing agencies, on theone hand, and the way that the administrative state actually operates, onthe other. For example, administrative law tends to concern itself withexternal sources of control over agencies, while in fact most of the workof the administrative state takes place in day-to-day internal operations.In this seminar, we use administrative law as a jumping off point tostudy a complementary set of frameworks and practices that govern andexplain the operation of the administrative state: those drawn from publicadministration and political science. Lawyers who understand thesecomplementary tools will be better prepared to advise clients on theirinteractions with institutions in the administrative state; to work withinthe institutions of the administrative state themselves; and to design andreform those institutions in the first instance.This course is also a writing-intensive class that satisfies the UpperclassLegal Writing Requirement. To that end, each of you will devote aconsiderable amount of time this semester to developing a paperproposal about a conflict, crisis, or controversy within the operationsof a government institution; researching your idea in depth; and bothdrafting and revising a substantial paper of at least six thousandwords (exclusive of footnotes) that meets the different elements of theWriting Requirement. The last month of the semester will be devoted toworkshopping these papers—that is, giving feedback to and receivingfeedback from your colleagues.Finally, as with every class in law school, this class provides anopportunity to deepen your professionalism. In your interactions withyour colleagues and me in class, your communication with me in myoffice and in writing, and your work with other staff members in the LawCenter to whom you might turn for research or writing assistance, each ofyou will have many chances to practice the collaborative, respectful, anddiligent conduct that is the hallmark of the best of the legal profession.Learning goals:By the end of the course, students will be able to describe and discussthe core insights of the classic texts we will read; to assess the merits ofthese insights; and to apply these insights to everyday situations relevantto the institutions of government in D.C. and beyond. Students will alsohave written a paper of publishable quality analyzing and assessing aconflict, crisis, or controversy within the operations of a governmentinstitution using the lens of the tools we have studied.Prerequisite: Students must take one of the followingcourses: Lawmaking: Introduction to Statutory and RegulatoryInterpretation or Legislation and Regulation or The Regulatory State orAdministrative Law or Government Processes.Note: THIS COURSE REQUIRES PROFESSOR PERMISSIONTO ENROLL. Please email Professor Eloise Pasachoff(eloise.pasachoff@law.georgetown.edu) by 5:00 pm on Wednesday,October 6, 2021 a statement of interest that includes a statement aboutwhat recommended class, if any, you have taken.LAW 029 v00 Advanced Environmental Law: Climate Change h/?keyword LAW%20029%20v00) (Project-Based Practicum)J.D. Practicum (cross-listed) 4 credit hoursIn a project-based practicum course, students participate in a weeklyseminar and work on a project under the supervision of their professor.This project-based practicum course will focus on the evolving legaland policy developments concerning global climate change, and providestudents the opportunity to engage in hands-on work with policymakersin addressing the issue. Students will participate in a two hour/weekseminar and carry out ten hours/week of project work including regularlyscheduled meetings with professor and Georgetown Climate Centerattorney advisors.SEMINAR: This seminar covers the current understanding of climatechange science and impacts, international and domestic policyapproaches, technological and adaptation responses, and legal andregulatory cases and developments. Class participation and attendancewill be graded.PROJECT WORK: Students will prepare papers and make presentationsin class and to outside “clients” on topics being analyzed for state andlocal governments through the work of the Georgetown Climate Centerof Georgetown Law (http://www.georgetownclimate.org). Studentswork with professor and advisors to develop professional-quality workproducts that can be shared with outside "clients." The Center works withstates and communities on crafting policy strategies to reduce emissionsthat contribute to climate change and to adapt to the consequences ofclimate change.Prerequisite: Environmental Law. J.D. students must complete therequired first-year program prior to enrolling in this course (part-time andinterdivisional transfer students may enroll prior to completing CriminalJustice, Property, or their first-year elective).Mutually Excluded Courses: Students may not take another practicumcourse or a clinic at the same time as a project-based practicum course.Students may enroll in an externship at the same time as a project-basedpracticum course.Note: This course may be suitable for evening students who can regularlyattend class and participate in calls or meetings during the day asstudents interact with professors, advisors, and/or clients.This is a four credit course. Two credits will be awarded for the twohour weekly seminar and two credits for approximately ten hours ofproject work per week, for a minimum of 11 weeks. Both the seminarportion and the project work will be graded. Students who enroll in thiscourse will be automatically enrolled in both the seminar and projectcomponents and may not take either component separately. AfterAdd/Drop, a student who wishes to withdraw from a practicum coursemust obtain permission from the faculty member and the AssistantDean for Experiential Education. The Assistant Dean will grant suchwithdrawal requests only when remaining enrolled in the practicum wouldcause significant hardship for the student. A student who is grantedpermission to withdraw will be withdrawn from both the seminar andproject components. Regular and punctual attendance is required at allpracticum seminars and students are required to devote the requisitenumber of hours to their project. If a student must miss seminar, projectwork, a meeting or a deliverable, he or she must speak to the professor assoon as possible (ideally beforehand) to discuss the absence or missedassignment. Unless the professor indicates otherwise, a student withmore than one unexcused absence from the practicum seminar (out of13 total seminar sessions), or one week of unexcused absences from thefieldwork or project work (out of a total of 11 weeks of fieldwork or projectwork), may receive a lower grade or, at the professor’s discretion, may bewithdrawn from the practicum course.

Administrative Law, Legislation, and GovernanceLAW 1336 v00 Advanced Legal Practice: Writing in the Legislative -search/?keyword LAW%201336%20v00)J.D. Seminar 3 credit hoursIn this class, we will examine the inner workings of Congress and thinkthrough strategies for achieving policy goals through legislation. Youwill draft legislative language in a policy area of your choice and attemptto convince a legislator to support the bill by writing a policy briefsupporting the new statute. By acting in the role of a lawyer on the Hill,you learn not only how to solve complex legal problems in a legislativecontext, but also to think critically about the role of the legislative branchand of a lawyer within that branch.The course will take you through the nuts and bolts of the process oflawmaking, from introduction, to the Committee process, to passage. Youwill also be asked to think broadly about the role of a lawyer in Congress,the connection (or lack thereof) between legislative history and statutoryinterpretation, and the relationship between the legislative branch and theother power centers of American government.But the main focus of this course is on the writing you will do. Youwill pick both a topic and a legislator for whom you are a staffer. Youwill spend much of the semester researching the topic, drafting newstatutory language to solve a problem in this area, and writing a policybrief to persuade the legislator to sponsor the bill. We will spend classtime thinking through each stage of the writing process: from topicselection to research to legislative language to drafting. You will alsohave the opportunity to present your bill language and your argumentsfor sponsorship to a group of “legislators” (played by me and yourclassmates) who are considering sponsoring the bill.Recommended: A basic course in Legislation or the 1L electives,Congressional Procedure & the Administrative State or Legislation andRegulation or The Regulatory State.LAW 1604 v00 Affordable Housing Seminar h/?keyword LAW%201604%20v00)J.D. Seminar 3 credit hoursThe goal of this seminar is to expose you to the policy, law and practiceconcerning the prevision and preservation of affordable housing and itsrelationship to personhood, to community, and to society as a whole.Specifically, we will examine the problems caused by the absence ofa sufficient number of safe, sanitary, decent, and affordable units forhouseholds of low and moderate income. We will look at aspects offederal and local housing policy from both a current and an historicalviewpoint. We will place particular emphasis on issues of poverty andrace. Your paper can examine any element of affordable housingregardless of whether it is covered in class.5LAW 508 v01 Affordable Housing Transactions Clinic (Harrison urse-search/?keyword LAW%20508%20v01)J.D. Clinic 14 credit hoursPlease see the Affordable Housing Transaction Clinic website programs/clinicalprograms/our-clinics/HIHC) for more detailed information about theprogram.For registration-specific supplemental materials, pleasesee the Affordable Housing Transactions Clinic PDF ad/Affordable-Housing-2017FINAL.pdf).For information about clinic registration generally, please see the ClinicRegistration Handbook oad/ClinicHandbook-2017-2018.pdf).Mutually Excluded Courses: Students may not concurrently enroll in thisclinic and an externship or a practicum course.LAW 065 v02 Alternative, Complementary, and Integrative Medicine, TheLegal Issues Seminar /?keyword LAW%20065%20v02)J.D. Seminar (cross-listed) 3 credit hoursAlternative, Complementary, and Integrative Medicine ("non-traditionalmedicine") ("CAM") is the fastest-growing sector of American HealthCare and is one of the fastest growing fields in the United States.Presently, at least 50 percent of Americans are using some form ofalternative and complementary therapy such as acupuncture, nutritionalsupplementation, herbs, massage, yoga, chiropractic and homeopathy.According to the Journal of the American Medical Association in 1997,visits to alternative health care practitioners exceeded total visits toall conventional primary care physicians. The number of clinics andhospitals that integrate

Administrative Law studies the delegation of power to agencies, the procedures followed by agencies, and judicial and other oversight of agencies. The power of agencies to promulgate rules, decide individual cases, and con