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PO 337 Administrative Law
Taylor, Michael


Mission Statement: The mission of Park University, an entrepreneurial institution of learning, is to provide access to academic excellence, which will prepare learners to think critically, communicate effectively and engage in lifelong learning while serving a global community.

Vision Statement: Park University will be a renowned international leader in providing innovative educational opportunities for learners within the global society.

Course

PO 337 Administrative Law

Semester

S1T 2009 DL

Faculty

Taylor, Michael W.

Title

Adjunct Faculty

Degrees/Certificates

Bachelor of Arts (BA); Berry College; Rome, Georgia (1993)
Juris Doctor (JD); University of Georgia; Athens, Georgia (1996)
Master of Laws (LL.M.), Air and Space Law; McGill University; Montreal, Quebec (2006)

Office Location

Online (from Colorado)

Office Hours

M, W, TH 7:30pm - 9:30pm (Mountain Time)

Other Phone

719-548-9481

E-Mail

michael.taylor12@park.edu

Semester Dates

Spring I 2009:  Jan 12 - Mar 8

Class Days

Student discretion

Class Time

Student discretion

Prerequisites

None

Credit Hours

3


Textbook:

There are 2 texts for this class:

1. Title: Administrative Law: Bureaucracy in a Democracy
    Author: Daniel E. Hall and John Feldmeier
    Edition: 4th (2009)
    ISBN-10: 0135005183
    ISBN-13: 9780135005187

2. Title: Smoking and Politics: Policy Making and the Federal Bureaucracy
    Author: A. Fritschler and James Hoefler
    Edition: 6th (2007)
    ISBN: 0131791044

Textbooks can be purchased through the MBS bookstore

Textbooks can be purchased through the Parkville Bookstore

Additional Resources:

McAfee Memorial Library - Online information, links, electronic databases and the Online catalog. Contact the library for further assistance via email or at 800-270-4347.
Career Counseling - The Career Development Center (CDC) provides services for all stages of career development.  The mission of the CDC is to provide the career planning tools to ensure a lifetime of career success.
Park Helpdesk - If you have forgotten your OPEN ID or Password, or need assistance with your PirateMail account, please email helpdesk@park.edu or call 800-927-3024
Resources for Current Students - A great place to look for all kinds of information http://www.park.edu/Current/.
Advising - Park University would like to assist you in achieving your educational goals. Please contact your Campus Center for advising or enrollment adjustment information.
Online Classroom Technical Support - For technical assistance with the Online classroom, email helpdesk@parkonline.org or call the helpdesk at 866-301-PARK (7275). To see the technical requirements for Online courses, please visit the http://parkonline.org website, and click on the "Technical Requirements" link, and click on "BROWSER Test" to see if your system is ready.
FAQ's for Online Students - You might find the answer to your questions here.


Course Description:

PO 337 Administrative Law: The study of administrative agencies, their rule making powers, adjudicatory functions and judicial control over such agencies. Areas covered include: the scope of administrative power, judicial review, regulatory law, due process, and personal liability of public servants. 3:0:3

Educational Philosophy:


Through lectures, readings, quizzes, interactive classroom dialogue, examinations, websites, cases, briefs, and writings, students will increase their knowledge and understanding of legal terminology and administrative law.  They will also explore ideas, issues, and contradictions regarding the power and authority of administrative agencies and the judicial responsibility to keep the agencies in check.

Learning Outcomes:
  Core Learning Outcomes

  1. Understand the administrative law structure and process.
  2. Describe regulatory law
  3. Procedural requirements of agency rule making and adjudication.
  4. Understand the Federal Administrative Procedure Act.
  5. Describe ethical concerns of administrative policy making.
  6. Be familiar with case law regarding administrative policy making.


Core Assessment:

Class Assessment:


Students will be assessed based on written comments in the weekly discussion questions (including comments on other students' postings), case reviews/briefs, written research project, quizzes, and final exam.

Grading:


My goal is to give students prompt, clear, and useful feedback.  Each student is responsible for:
  • Completing weekly reading assignments
  • Participating in weekly discussion topics and to provide substantive responses to other students
  • Completing case reviews and case briefs (individual and group)
  • Completing all quizzes
  • Completing the written project on smoking and politics
  • Locating a suitable proctor with e-mail for the final exam
  • Completing a proctored final exam
Assignment
Points
% of Grade
Due
Issues for Discussion (8)
160 (20 each)
16%
Weekly
Case Reviews (3)
60 (20 each)
6%
Weeks 2,4,7
Quizzes (3)
90 (30 each)
9%
Weeks 2,4,7
Project (Smoking and Politics)
210
21%
Week 6
Midterm Group Case
90
9%
Weeks 3,4
Individual Comprehensive Case Briefs (2)
140 (70 each)
14%
Weeks 1,6
Proctored Final Examination
250
25%
Week 8
Total
1000
100%
 

Students can track the grades throughout the course by means of the Gradebook. Students will know in advance the standards for each assignment.
 
Course Grading Scale:
 
A = 90% - 100% (900 or more points)
B = 80% - 89% (800 to 899 points)
C = 70% - 79% (700 to 799 points)
D = 60% - 69% (600 to 699 points)
F = 0% - 59% (0 to 599 points)
 
Additional information concerning the final exam:
  • A final proctored examination will be taken in a proctored testing environment during the 8th week at one of the Park University sites around the country or at an alternative location. For proctored examinations, photo identification is required at the time of the test. Guidelines for selecting an acceptable proctor can be found on the Park University Website.
  • Students are responsible for arranging for a proctor, by the 6th week of the term, who is accepted and approved by me, at my discretion.
  • The proctor request form is available at http://proctor.park.edu.
Additional information concerning class participation:
 
Students are expected to actively participate in all discussion threads with original answers to work assigned and to respond to other students (points will be lost without at least one response) in the class . These responses are to be substantive (at least 50-100 words). General praise for another student's response is not acceptable.

Late Submission of Course Materials:

 
Each day an assignment is late, the grade will drop unless I have granted an exception prior to the due date.  The following rules will govern how I grade late assignments:
  • For the written project on smoking and politics, the grade will drop by 10% of the project value (21 points) per day for each of the first 3 days.  After 3 days, late projects will receive no credit and will not be graded.
  • Students can not take the final exam late without my permission.  I rarely give permission to take it late.   In accordance with Park University policy, IF YOU DO NOT TAKE THE FINAL EXAM, YOU FAIL THE ENTIRE COURSE, even if you have a passing grade going into the final.
  • For all other assignments (everything except for the written project and the final exam), the grade will drop by 10 points for each day it is late.
All assignments (unless otherwise noted) are due the last day of each Park academic week (Sunday) by 11:59 pm Mountain Time.

Classroom Rules of Conduct:


Students are responsible for reading and following the general Park online course policies available at
http://captain.park.edu/portal/online_course_policies.htm.  Addtionally, students:
  • Are expected to complete 5 hours per week of conferencing or other appropriate online activities, including sending/receiving e-mail and navigating and conducting research over the internet.
  • Should keep copies of all coursework submitted as an electronic file (E-mail) until the end of the term.
  • Will normally submit assignments and papers as RTF (Rich Text Format) or Microsoft Word (any Word version is acceptable) via the Dropbox as attachments. I do not accept WordPerfect files as attachments unless saved as RTF. Of course, students may copy assignments from word processing software and paste them into e-mail and send to me if the Dropbox is not working properly. 

Any information I provide in this class is for educational use only and is not intended to be legal advice. It does not create an attorney-client relationship. Also, do not rely on anything you read on the internet (including anything from this class) as a substitute for sound legal advice. Go to an attorney in your state when you have legal problems.

Course Topic/Dates/Assignments:


The general course overview is presented below.  Specific reading and homework assignments will be posted in the course.

Week 1

Topics:  The statutory authority of agencies and bureaucratic discretion; legal means to limit powers and procedures of administrative agencies; specific articles of the US Constitution and the Administrative Procedure Act (APA); powers allocated to the Federal government, the States, and concurrent powers.
 
Assignments:  Individual case brief

Week 2 

Topics:  Informal action by agencies and agency discretion; concept of due process afforded by the Constitution (5th and 14th Amendments); judiciary oversight of the often broad powers of agencies.
 
Assignments:  Case review; quiz

Week 3

Topics:  Rulemaking authority of agencies, differentiating rulemaking and adjudication; examining aspects of the 5th Amendment and immunity as well as provisions of the 4th Amendment discussing actions such as drug and alcohol testing and inspections.
 
Assignments:  Work groups will be formed to jointly brief a comprehensive case due at the end of Week 4.

Week 4

Topics:  Specifics of adjudication actions akin to a civil jury trial; significant legal terminology; authority and neutrality of the system of Administrative Law Judges (ALJ).
 
Assignments:  Case review; quiz; group case brief due

Week 5

Topics:  Review authority, specifically judicial review based on constitutional and common law tenets; statutes on which reviewability is based; writs for review such as certiorari, mandamus, habeas corpus, and prohibition when not statute based; standings doctrine for litigation and qui tam actions; discuss midterm group briefs. 
 
Assignments:  Work on written project (smoking and policy); turn in proctor request form

Week 6

Topics:  Accountability by the government including the "Freedom of Information Act," "Privacy Act," and the "Sunshine Act;" privacy of law enforcement documents as well as those of national defense and foreign policy balancing "the public's right to know."
 
Assignments:  Written project (smoking and policy); individual case brief

Week 7

Topics:  Liability of the government and sovereign immunity especially in relation to the Federal Tort Claims Act (FTCA) and its exemptions; "discretionary function" and "public duty" doctrines relating to liability of government employees; "deprivation" and the "color of law" as bases for liability of the government; discuss smoking and policy project.
 
Assignments:  Case review; quiz

Week 8

Topics:  Review administrative law; areas of research including the Federal Register, the Code of Federal Regulations (CFR) and the Administrative Procedure Act (APA) itself.
 
Assignments:  Take proctored final exam.

Academic Honesty:
Academic integrity is the foundation of the academic community. Because each student has the primary responsibility for being academically honest, students are advised to read and understand all sections of this policy relating to standards of conduct and academic life.   Park University 2008-2009 Undergraduate Catalog Page 87

Plagiarism:
Plagiarism involves the use of quotations without quotation marks, the use of quotations without indication of the source, the use of another's idea without acknowledging the source, the submission of a paper, laboratory report, project, or class assignment (any portion of such) prepared by another person, or incorrect paraphrasing. Park University 2008-2009 Undergraduate Catalog Page 87

Students who do not cite and reference sources, even if unintentional, are guilty of plagiarism.  Students that plagiarize will receive no credit for that assignment and will be reported to the appropriate Park University officials.  No plagiarized assignment will be made up.  Repeat instances of plagiarism will result in an F for the entire course.

Attendance Policy:
Instructors are required to maintain attendance records and to report absences via the online attendance reporting system.

  1. The instructor may excuse absences for valid reasons, but missed work must be made up within the semester/term of enrollment.
  2. Work missed through unexcused absences must also be made up within the semester/term of enrollment, but unexcused absences may carry further penalties.
  3. In the event of two consecutive weeks of unexcused absences in a semester/term of enrollment, the student will be administratively withdrawn, resulting in a grade of "F".
  4. A "Contract for Incomplete" will not be issued to a student who has unexcused or excessive absences recorded for a course.
  5. Students receiving Military Tuition Assistance or Veterans Administration educational benefits must not exceed three unexcused absences in the semester/term of enrollment. Excessive absences will be reported to the appropriate agency and may result in a monetary penalty to the student.
  6. Report of a "F" grade (attendance or academic) resulting from excessive absence for those students who are receiving financial assistance from agencies not mentioned in item 5 above will be reported to the appropriate agency.
ONLINE NOTE: An attendance report of "P" (present) will be recorded for students who have logged in to the Online classroom at least once during each week of the term. Recording of attendance is not equivalent to participation. Participation grades will be assigned by each instructor according to the criteria in the Grading Policy section of the syllabus.

Park University 2008-2009 Undergraduate Catalog Page 89-90

Disability Guidelines:
Park University is committed to meeting the needs of all students that meet the criteria for special assistance. These guidelines are designed to supply directions to students concerning the information necessary to accomplish this goal. It is Park University's policy to comply fully with federal and state law, including Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990, regarding students with disabilities. In the case of any inconsistency between these guidelines and federal and/or state law, the provisions of the law will apply. Additional information concerning Park University's policies and procedures related to disability can be found on the Park University web page: http://www.park.edu/disability .

Copyright:

This material is protected by copyright and can not be reused without author permission.

Last Updated:12/14/2008 7:16:23 PM