This course is designed to acquaint students with the law pertaining to a broad range of federal aid programs; the departments and agencies that administer them; and the day-to-day legal problems faced by lawyers, program administrators, and recipients. Course objectives are to survey the law governing federal aid programs that account for a major portion of the federal nondefense budget, to examine the lawyer’s role in shaping the content and administration of these programs, and to explore the types of legal problems that may hamper effective program administration. It is also intended to furnish students, including those who may be considering government or public interest careers, with additional insights regarding programs that affect almost all Americans. The course examines the constitutional underpinnings of the spending power and the application of the general welfare clause of the Constitution from the Early Republic to the present. It also covers major processes affecting federal aid programs (including the formulation of substantive legislation, executive, and congressional budget making, appropriations, rulemaking and judicial review) and overarching constitutional and administrative concerns, as well as the thrust of major individual programs in such areas as natural resources and environment, agriculture, transportation and community development, education and social services, arts and humanities, social and income security, health, and Medicare. Several case studies focusing on major program areas (such as welfare and Social Security) are presented. Statutory and other drafting projects provide an opportunity for relevant skills development. If the instructor allows papers in lieu of examinations, this course may include a qualifying course paper or portfolio that fulfills one half of the upper level writing requirement. Refer to Academic Rule X — Writing Requirement.
Upper-level course for:
I. Administrative and Legislative Law
V. Civil Rights and Civil Liberties
XXII. Law and Public Policy
