Government/Politics Law (GOVPL)

In this course, students will receive an introductory overview into the world of Government contracts. You will learn about the applicable statutes and regulations, and the policies that underlie many aspects of federal contracting. You will appreciate the broad impact of the "Changes" clause, which affords many rights to the Government but also is the source of many theories of recovery for the contractor. The Government's "termination for convenience" rights, even when the contractor has done nothing wrong, will be covered. The importance of the "Contracting Officer" in the procurement system will be addressed. You will explore the choice of forum issues confronting contractors who contemplate filing a bid protest or contract appeal. You will learn about the Government's remedies against corrupt contractors, such as suspension and debarment, the False Claims Act, and the forfeiture of claims statute. Pennsylvania procurement law also will be discussed, and contrasted to Federal procurement. At the conclusion of the course, students should be equipped to consider and pursue Government contract positions in private law firms, contracting entities, or public agencies. An alternative objective is to become familiar with a major area of business law in the modern world. Due to the size and importance of federal procurement, a significant practice area has developed in Washington, D.C. (although opportunities also exist elsewhere). Most large law firms in D.C. offer separate departments of specialized lawyers who practice Government contracts, both in counseling and litigation. The U.S. Department of Justice (which defends the Government in many contract disputes), and other federal agencies hire staffs of lawyers in Government contracting. Companies selling to the Government have corporate counsel who practice Government contracts. Clerkships for judges who decide Government contract disputes also are attractive.

This course is an introduction to the law of the administrative state - to the constitutional, statutory and judge-made rules governing what agencies may do, the procedures they must follow, and how they can be held to account. Topics include mechanisms for control of agencies by the legislative and executive branches; the constitutional basis for, and limits on, governance by agencies; the availability and effects of judicial review over agency action; and the features of agency rulemaking and adjudication.

This course covers federal and state election law and will examine the constitutional basis for the regulation of elections, the development of the law in this area over the last 30 years, as well as criminal and civil enforcement of the law, the role of the Federal Election Commission, the formation and regulation of political action committees, as well as related federal tax law provisions impacting operation of political committees and advocacy organizations. The course will also examine the intersection of the election law with congressional ethics rules, lobbying regulations and representation of political candidates and entities in election law matters.

This course will explore, in depth, the institution of the government special counsel from Teapot Dome, to Watergate, Iran-Contra, Whitewater and the Mueller investigation into Russian interference in the 2016 Presidential Election. It will also explore the history of and the constitutional legal basis for the independentcounsel, prior enactment of theIndependent Counsel statute, the special separation of powers problems posed by their appointment and supervision, the conflicts encountered during parallel congressional probes (including complications arising from invocation of the Fifth Amendment) and the novel legal issues presented by investigating and charging an encumbent President (and collateral issues arising from the pardon power).

This course introduces students to the law governing how subnational governments are organized and operate in the United States. The course is structured around three sets of legal relationships: between municipalities and states, between different municipalities, and between municipalities and their citizens. Specific topics to be covered include local government formation and boundary change; local voting rights; local provision of services; and state and local finance.

Special Topics