Total run time:
38m
The nature and scope of administrative rulemaking is a topic for ongoing debate. One of the main functions of administrative agencies is to create regulations. Over the past several decades, the volume of the Code of Federal Regulations far surpasses the laws passed by Congress. How are these agencies accountable to the American public? What are tradeoffs for relying on agency expertise instead of Congressional legislating? This series discusses how agency rulemaking works in practice: the scope of agencies' authority to write regulations, core processes of agency rulemaking (notice and comment rulemaking), the review and scrutiny that rules are subject to, and how agency rulemaking fits in with the democratic process.
Professor Michael Greve explains that agencies have always had the power to make rules. Problems arise when the rules significantly impact the conduct of private citizens and carry the force of law. Courts have mostly chosen to defer to agencies wh
...
Professor Michael Greve explains that agencies have always had the power to make rules. Problems arise when the rules significantly impact the conduct of private citizens and carry the force of law. Courts have mostly chosen to defer to agencies when these rules are challenged. Professor Greve explains how the Supreme Court uses the Constitutional Avoidance Canon and the Major Questions Doctrine when evaluating these issues.
#law #no86 #lawschool #lawstudent #administrativelaw
Michael Greve is a Professor of Law at the Antonin Scalia Law School at George Mason University.
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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.
Total run time:
38m
Course:
Total videos:
11
Difficulty:
First Year
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