In the modern legal landscape, agencies wield significant power to shape policy, regulate industries, and enforce laws. Understanding the principles that govern agency action is crucial not only for passing exams but also for building a career in public law, regulatory practice, or litigation. For law students looking to navigate the complex intersection of law and government, administrative law is an essential subject.
What is Administrative Law?
Administrative law governs the actions of government agencies—bodies empowered by Congress to create rules, adjudicate disputes, and enforce regulations. These agencies, such as the Environmental Protection Agency (EPA), the Federal Communications Commission (FCC), and the Securities and Exchange Commission (SEC), are at the forefront of the regulatory state, applying broad statutes to specific cases and industries.
The challenge of administrative law lies in balancing the power granted to agencies with the need for accountability and transparency. Agencies make rules that impact everyday life, but they also exercise broad discretion in interpreting and enforcing those rules. As a result, administrative law touches on fundamental legal concepts like separation of powers, delegation of authority, and the limits of government power—all critical areas for any law student.
Why is Administrative Law Important for Law Students?
As a law student, mastering administrative law is indispensable for understanding the regulatory framework that shapes modern governance. Whether you plan to practice in regulatory law, represent clients in agency proceedings, or challenge agency actions in court, a solid understanding of administrative law will be vital.
In the real world, administrative agencies are often the primary decision-makers in areas such as environmental regulation, healthcare policy, telecommunications, and securities law. Law students who grasp the nuances of agency action will be better prepared for internships, clerkships, and future careers in public interest law, regulatory compliance, or even in-house counsel positions for businesses navigating government regulations.
Moreover, administrative law intersects with other core areas of law—constitutional law, civil procedure, and statutory interpretation—giving students the opportunity to apply foundational concepts to real-world scenarios. With regulatory agencies playing an ever-expanding role in society, this is one area of law that every law student needs to understand.
Administrative Law at No. 86: A Comprehensive Course for the Aspiring Legal Professional
The No. 86 Administrative Law course is designed to give law students the foundational knowledge needed to understand the complexities of agency action and regulatory governance. This course offers an in-depth look at the structure, processes, and key issues in administrative law, with a focus on preparing students for practice in a regulatory environment.
Course Overview: What You’ll Learn
Our course provides a comprehensive introduction to administrative law through concise explanations and clear examples. Key modules include:
- Introduction to Administrative Law: Were agencies anticipated in the Constitution? Where do they fit into the structure of the 3 branches of government? This unit provides a brief overview of administrative law, the various types of agencies, and the growth of the modern administrative state.
- Administrative Law and the Courts: When should courts defer to an agency’s interpretation of its own statute? The 1984 Chevron U.S.A., Inc. v. NRDC doctrine previously mandated that courts defer to a reasonable agency interpretation. However, the Supreme Court overturned Chevron in 2024, challenging this standard. What other forms of deference, such as Auer and Skidmore, remain? What does the Administrative Procedure Act say about judicial deference? Additionally, how do administrative agencies relate to Article III judges, and are administrative law judges (ALJs) constitutional?
- Administrative Law and Congress: Who makes laws? Congress has power from Article I to create laws, yet the vast majority of laws today come from administrative agencies, who promulgate administrative rules with the force of law. Does administrative law undermine the enumerated powers in the Constitution? How does Congress oversee agencies? Do they exercise meaningful checks on agency power? Can or should Congress better control agencies?
- Administrative Law and the Executive: How does the President influence administrative agencies? Agencies like the Department of Agriculture, Education, and Energy are under presidential control. The President selects agency heads, who implement policies aligned with his goals. Agencies exercise executive power and are accountable to the President. How does the Office of Information and Regulatory Affairs (OIRA) oversee these agencies? Which agencies are exempt from OIRA review and why?
- Agency Rulemaking: The scope of administrative rulemaking is debated, as agencies now create more regulations than Congress passes laws. How are agencies held accountable to the public? What are the tradeoffs of relying on agency expertise over Congressional legislation? This series explores agency rulemaking, including its authority, processes (like notice and comment), rule scrutiny, and its role in the democratic process.
Ready to dive in? Here are some videos from our Administrative Law course to help you get started.
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