Administrative Law

This course is an introduction to the role of courts in the regulatory state. The first part of the course considers both the rise of modern regulatory/social welfare states in Europe and North America, as well as some perennial concerns regarding their legitimacy, broadly construed. The second part of the course considers requirements of procedural fairness that courts have imposed upon administrative decision making. Finally, we turn to the question of the appropriate deference owed by courts to administrative decision makers on the merits. We will focus particularly on Vavilov and its progeny.