Regulatory Policy Clinic
|LW.11029 / LW.10105
Professor Jason Schwartz
Open to 3L (preferred), 2L and LL.M. students
Maximum of 8 students
Fall and Spring semesters
The Regulatory Policy Clinic (formerly called the Administrative and Regulatory State Clinic) is sponsored by the Institute for Policy Integrity at the Law School, a think tank which works to improve the quality of government decision-making through advocacy in the fields of administrative law, economics, and public policy. The Clinic will focus on practice before federal agencies and courts to help students develop a set of core administrative lawyering skills. For more information about Policy Integrity, please visit www.policyintegrity.org.
This course is designed to teach students how to conduct effective advocacy before administrative agencies and courts on a wide range of issues, from environmental protection to housing policy. While the substantive areas of administrative law vary greatly, there is a core set of skills -- including statutory interpretation, policy analysis, and understanding the political context of regulation -- that are required in all administrative law practices. The ability to critique the economic analyses that underlie agency actions is also an increasingly valuable tool for advocacy in the modern regulatory state. Through hands-on participation in regulatory proceedings and a weekly seminar that focuses on the institutional structures and substantive standards of administrative decision-making, students will have the opportunity to cultivate these skills.
Students in the Regulatory Policy Clinic will work with the clinic directors and the legal and economics fellows at Policy Integrity on cutting-edge regulatory matters before federal agencies or being litigated in federal courts. Targeted agencies include the Environmental Protection Agency, the Department of Transportation, the Department of Labor, the Department of Health and Human Services, and the Department of Housing and Urban Development. The Clinic will focus on regulations from start to finish: beginning at the stage of pre-regulatory decision-making, through the proposal and finalization of regulation, and into litigation challenges. Students will conduct research on pending regulatory matters and will draft petitions for rulemakings and public comments for the informal rulemaking process under the Administrative Procedure Act, as well as briefs and legal memoranda for pending litigation. Fieldwork in the Clinic will provide rich opportunities for students to gain skills in collaborative problem-solving, effective communication of legal issues and strategies, working with non-legal experts, and relationship building.
Students will also participate in a two-hour seminar held once every week on regulatory policy and advocacy, taught by the clinic directors. Special guest speakers will also share their perspectives from inside the government, advocacy groups, and academia. Likely guest speakers include former OIRA administrator, Professor Sally Katzen; current acting OIRA administrator, Boris Bershteyn; government consultant and Kennedy School fellow, Lisa Robinson; as well as former clinic directors Dean Richard Revesz and Professor Michael Livermore. Through readings, class discussions, case studies, workshops, and peer critiques, the seminar will focus on developing theoretical and practical understanding of the regulatory process, bureaucratic decision-making, and executive and judicial review of agency action. The seminar also reviews the agency practice of cost-benefit analysis and will help students build the tools to critique the economic analyses that underlie rules. Using both academic literature and fieldwork as jumping-off points, the seminar will focus on developing a rounded approach to administrative lawyering that includes consideration of the legal, policy, economic, and political issues that shape administrative decisions.
Students interested in applying for the clinic should submit the standard application, resume, and transcript online through CAMS. To arrange an interview, please use the CAMS system as well. LL.M. and transfer students may also apply for open spots by using CAMS and following the deadlines set online. If you have questions regarding the application procedure, please contact Policy Integrity’s legal director Jason Schwartz, email@example.com.
* 5 credits includes 3 clinical (fieldwork) credits and 2 academic seminar credits per semester.