This is a "Law Lessong" - a law lesson in a song - that I wrote to help students consider the issues surrounding administrative law.
More "Law Lessong" videos are be posted at the Legal Studies Classroom blog: http://legalstudiesclassroom.blogspot.com/
The melody is inspired by "Runaround" recorded by Blues Traveler: http://en.wikipedia.org/wiki/Run-Around ; http://www.youtube.com/watch?v=ousaiByU1ko . The harmonica playing is intentionally "campy" (Bob Dylan style) because I am not a good harmonica player.
No copyright infringement is intended. This song is offered and intended for educational use only and has no commercial value.
Administrative Runaround
Lyrics by M. DeAngelis
Once a legislature's weary
Of regulation's vast details.
It delegates law-making powers,
And the authority that entails.
By "Enabling Legislation's" passage,
An agency the law creates.
To do the work of regulating and
To follow legislative mandates --
Yeah for following legislative mandates.
The agency functions, they are three,
Like a legislature, executive and judiciary.
Traditional power separation,
Does not apply to this situation.
The bureaucracy that permeates,
The business world in all the states.
But you -- Why you get administrative runaround?
For a sure fire way to speed things up,
You gotta get administ- er-ative law down.
The first procedure is rule-making,
Following the APA.
It all begins with publication
In the "Federal Register" for the day.
Then industry and interested parties
In the comment period have their say,
In this way, we come to know,
What evidence the agency weighed.
Oh, yeah -- the evidence the agency weighed.
When playing out informal Rule- Making,
Only written comments the agency's taking.
But with "On the Record" you will see,
Lengthy hearings and testimony
Hybrid Rule-making is the way,
For public hearings with no excessive delay.
But you -- Why you get administrative runaround?
For a sure fire way to speed things up,
You gotta get administ- er-ative law down.
Tests, inspections and investigations,
Are the next vital agency roles.
To smoke out regulation's breachers
And work to prosecute them full.
Subpoenas they will issue wisely,
To compel production of the stuff,
They need to prove the violation,
In the hearing that's held soon enough.
Oh -- there'll be a hearing soon enough.
And then while acting judicially,
An administrative law judge will oversee,
A hearing of the litigation,
Unless it's settled by negotiation.
A final order may be contested,
If a de novo hearing has been requested.
But you -- Why you get administrative runaround?
For a sure fire way to speed things up,
You gotta get administrative law down.
Oh you -- Don't want any administrative runaround!
But the only way to speed things up,
Is to get administer-ra-tive law down.
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You Owed a Duty To Meby profblaw514 views
Amazing series... as I study for the bar.
MotherofFauxPas 6 days ago