Administrative and Legislative Process

Clean water, safe food and drugs, stable banks, sensible land use, an open and accessible internet-these and many more aspects of modern American life depend largely on decisions made by unelected officials staffing administrative agencies at the local, state, and federal levels. This course examines the authority and procedures that these administrative agencies use to make law, investigate violations of the law, and adjudicate the application of the law to individuals and businesses. The course raises student awareness regarding the operation of the administrative state and important separation of powers and due process questions raised by ubiquitous administrative governance.

Grading: Exam
Credits: 3
Offered: Fall/Spring

Subject Areas: Administrative and Legislative Process, Child and Family Law, Government Practice, Health Law, Public Interest Law, Business and Commercial, Criminal Law, Employment Law, Environmental Law

Students in this clinic will work under the direct supervision of members of the clinic faculty on cases referred from legal services organizations to address the legal needs of indigent clients created by the public health, social, and economic effects of the coronavirus pandemic. Areas of legal need are anticipated to include access to unemployment, social security, and other COVID-related benefits, employee rights, advance planning for eviction defense and other housing remedies, and petitions for medical release from confinement. In addition to learning basic poverty law, students in this clinic will develop skills for using technology to remote representation. A classroom component will meet synchronously but remotely once a week to address common issues of substantive law, procedure, and client representation. Students will have additional remote meetings with the faculty members supervising their cases.

Grading: Letter
Credits: 2 or 3
Offered: Irregularly

Categories: Experiential

Subject Areas: Administrative and Legislative Process, Health Law, Public Interest Law

Students will work closely with Administrative Law Judges at the Minnesota Office of Administrative Hearings in St. Paul to gain an understanding of the trial-type contested cases and rulemaking hearings. The class will cover the responsibilities of ALJs under the Minnesota Administrative Procedure Act and consider how due process principles apply to the enforcement and policy-making roles of state agencies. Students will observe contested case hearings and a rule hearing (if available), draft contested case decisions for an ALJ, and write four short externship reflection papers.

Grading: Pass/Fail.
Credits: 1
Offered: Fall/Spring

Categories: Experiential

Subject Areas: Administrative and Legislative Process

A study of food labeling and marketing related laws in the United States, including FDA, USDA, FTC and state consumer protection laws and regulations, public and private enforcement. The course will include a discussion on free-speech constitutional limitations, claims like [non-GMO, natural, organic] as well as current ethical issues and industry practices. If time permits, aspects of international labeling and marketing will be included.

Grading: Letter-graded
Credits: 2
Offered: Spring

Subject Areas: Administrative and Legislative Process, Business and Commercial, Civil Litigation

This course introduces students to ethics, communications, and other practical and skills-oriented aspects of government practice. The course will use lectures, discussions, and simulations led by faculty and experienced practitioners to explore subjects such as the special ethical obligations and expectations of government attorneys, issues surrounding public and private government information, and interacting with the public, media, and government professionals in other disciplines.

Grading: Pass/fail
Credits: 1
Offered: Irregularly

Subject Areas: Administrative and Legislative Process, Government Practice

Law and the Business of Baseball will explore the dynamic relationship baseball and law have enjoyed for more than 200 years. Baseball is a highly legalistic game which involves much more than just the two teams playing. Participants will study the origins of the game and how the rules of baseball parallel statutes. A close examination will be given as to the role attorneys have played in the formation of organized leagues and the roles they have played in labor, management and as players. The course will also examine role of the Commissioner of Baseball, women in baseball, player salaries, franchise relocation's, fan safety, gambling, memorabilia, and youth baseball. Law and the Business of Baseball will strengthen the participants understanding of such core subjects as civil procedure, constitutional law, property, torts, and ethics. Scheduled guest speaks for 2019 include a team owner; a commissioner of a baseball league; chief legal counsel for a baseball team, and an baseball historian and author who is a member of the MLB official rules committee.

Grading: Letter graded
Credits: 1
Offered: Summer

Subject Areas: Administrative and Legislative Process, Torts

Presents an overview of the legislative process through lectures, readings, speakers, and a series of drafting exercises. Covers a range of topics pertaining to legislative advocacy, including the legislative process, developing an effective legislative strategy, ethics in lobbying, effective representation of clients before the legislature, the role of the executive and judicial branches, and careers at the legislature. The motivation to actively participate in class sessions is critical to successful completion of the course.

Grading: Letter-graded.
Credits: 2
Offered: Spring

Subject Areas: Administrative and Legislative Process, Government Practice

Lawmaking is increasingly the result of statutes rather than the common law, so it is critical for lawyers to understand the legislative process and how statutes are interpreted and drafted. This course will examine legislation and legislatures at the national, state, and local levels by focusing on two primary aspects of legislation. The first half of the course will focus on rules affecting legislative service and methods and rules used to pass legislation. This will give students a better understanding of structural aspects of legislatures that impact how legislation gets adopted. Topics discussed in this half of the course will include: case law affecting redistricting; rules and case law related to expulsion and exclusion of legislators; term limits; lobbying restrictions; item vetoes; single subject rules; and direct democracy. The second half of the course will focus on the interpretation and implementation of statutes and ordinances. We will examine the canons of construction and extrinsic sources for statutory interpretation, such as committee reports and sponsor statements. Students will also learn concepts related to drafting statutes.

Grading: Letter graded
Credits: 2
Offered:

Subject Areas: Administrative and Legislative Process, Government Practice

LGBTQ+ identities have never not been controversial in our society, and that controversy extends to the ongoing evolution of health law and policy affecting LGBTQ+ individuals and communities. This course will explore the history of medicalization of LGBTQ+ identities and the ongoing effects of this approach – for better and worse. We will examine the legal and policy implications of such topics as the HIV epidemic, gender-affirming care, “conversion therapy,” access to care in prisons and similar settings, approaches to intersex individuals, and other current relevant topics. Students will be introduced to an array of contract, administrative, statutory, and constitutional principles, as well as non-governmental policy (e.g., health insurance) analyses, which can and have been brought to bear on these subjects, with a (non-exclusive) emphasis on circumstances in Minnesota. Finally, we will discuss some of the real-life considerations legal advocates make as they develop their advocacy strategies.

Grading: Letter
Credits: 1
Offered:

Subject Areas: Administrative and Legislative Process, Constitutional Law and Civil Rights