Administrative Law (LAW-601-002)
Testing: There will be one final exam consisting of two parts – a true/false section and an essay section. Each section is worth approximately 50% of the final grade notwithstanding the fact that for the vast majority of students, the true/false section will take substantially less time than the essays. The exam will be closed book. However, you will have a clean version of the case and topic listing from this syllabus on the exam. Class attendance, preparation, and discussion. As per the accreditation standards for law schools, students are required to attend class. Missing more than three classes without an approved excuse can result in the reduction of a student’s final grade. I strongly recommend briefing all principle cases (cases that are required are in bold in this syllabus). Naturally, since this is an upper level course, briefs are not collected. While I prefer not to do so, if the volunteering methods to be implemented for this course do not produce good results, I reserve the right to cold call on any student at any time. Consistent lack of preparation can result in a reduction in grade. Initial discussion of all assigned materials (for cases, basic presentation of facts, issues, and rules) will be by a pre-class volunteer system. Details of that system will be announced well before the start of the semester. Additional Output measures beyond in class assessments of responses and the final exam. I have prepared 260 multiple-choice questions, including 60 summative questions, that every student can complete as the course proceeds. The questions are tied to each chapter in the casebook. I am the lead author in the book. Since the questions are online, the student can self-test over the semester. I will get the result and while they are not tied to a final grade, this should give me a very clear picture of what they have and have not learned.
This course explores, through caselaw, statutes, and various types of regulation, select parts of the body of law that describes, discusses, and governs administrative agencies. Administrative agencies (federal, state, and local) are the primary contact point for interaction between private citizens and government. Although the courts, congress, and executive are decisionmakers, it is the agencies that actually govern. Agencies act based on the authority delegated to them by legislatures. They react based on ever changing directives given to them by their supervisors, the executive. Finally, they are restrained from erroneous action (or compelled to action) by courts. However, the power to contact directly individuals and businesses, to sanction, to regulate, is vast. The fundamental objective of this course is to develop familiarity with the above concepts and achieve success achieving the goals set out below. Goals and output expectations To understand how agency power is exercised and curtailed, the class will develop familiarity with: 1. The Administrative Procedure Act; 2. The nature and content of various regulatory regimes; 3. The role of courts in shaping and confining agency action; 4. The nature of rulemaking (in its many and varied forms); 5. The nature of agency adjudication (ranging from highly informal to formalized process); 6. The ways in which the Constitution affects the power and action of government agencies; 7. Strategic considerations that affect a broad array of potential interests and clients when dealing with administrative agencies.
Textbooks and Other Materials
The textbook information on this page was provided by the instructor. Students should use this information when considering purchases from the AU Campus Store or other vendors. Students may check to determine if books are currently available for purchase online.
Popper, McKee, Varona, Harter, Niles, & Pasquale, ADMINISTRATIVE LAW: A CONTEMPORARY APPROACH, 3D ED. (West, 2016). This is both a conventional hard-cover law school casebook and a fully interactive casebook. On the bottom of the inside cover of the text you purchase is a lengthy alpha numeric code. Sign in, enter your number, and you will have access to the entire casebook on-line, including full text versions of most of the cases, notes, case documents, and other materials in the book, a search function, an electronic annotation (note-taking) function, sample multiple choice questions and answers and other features. The interactive features of this book should be of great value as you study in this field. However, rest assured, what we will do in class will follow the traditional format for upper level law school courses. Helpful but not required: Popper, McKee, Statutory Supplement, ADMINISTRATIVE LAW: A CONTEMPORARY APPROACH. (West, 2009).
First Class Readings
1. First assignment: For the two classes please read pages 1 - 70 as marked in the list of cases and materials below. Remember, you are required only to read the materials in bold. The first chapter is an overview of the field and includes a number of principle cases that provide a backdrop for rulemaking and adjudication as well as cases on the power and independence of agencies and the executive. 2. Beyond the first two classes: I hope to cover up to five cases per class. The cases to prepare for class are in bold below. To stay ahead of the game, read and prepare at least five cases per class. There is always a question of the amount that can be covered in the course of the semester. I will make changes as we go forward to accommodate our actual pace in the classroom 3. Read through the notes and note cases following assigned cases. The note cases explore the issues raised in the main case. I will go through some – but not all – of them in class 4. I recommend reading all introductory sections and explanatory paragraphs (the lists and call-out boxes may save you a good deal of time as you prepare for each class).
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