Overview of the Course
PurposeThis course is designed to introduce German law students to the primary structures, actors, processes, and principles of American public law. The topic is far too extensive to permit detailed examination in a semester, let alone a week. Still, students should come away with a working sense of the system and how they could find more information on it to address specific questions.
Teaching MethodThe Course will be taught in English. Most of the information will be conveyed through lectures and discussions. However, to prevent the lectures and discussions from being overly abstract or vague, they will be based on a few carefully selected readings. The readings are posted on this website, hyperlinked through the topical outline below.
RequirementsEach student will be expected to do the following:
16.00 to 19.00 daily, January 12-16, 2004
Meeting Place HS2408
Day 1 The Structure of American Government
Basic Constitutional Provisions -- Read US Constitution, Articles I, II, III
The Organization of Government
Separation of Powers -- Read Mistretta v. U.S.
The Place of Agencies
Day 2 Procedural Forms of Administrative Action
Reference: Administrative Procedure Act (no need to read in advance)
Protected Interests: Board of Regents v. Roth
Required Procedures: Mathews v. Eldridge
Heckler v. Campbell
Day 3 Public Participation in Agency Policy Making
Chocolate Manufacturers Ass'n v. Block (see also the
United States v. Nova Scotia Food Products Corp.
Negotiated Rulemaking Act
Day 4 Judicial Review of Administrative Action
Access to Judicial Review
Reviewability: Heckler v. Cheney
Standing: Lujan v. Defenders of Wildlife
Scope of Judicial Review
Statutory Interpretation: Chevron v. NRDC
Rationality: Motor Vehicle Manufacturers Assn v. State Farm Insurance
Day 5 Reserved for Further Discussion and Possible Additional Topics that May Arise During the First Four Classes