PO 337 Administrative Law
U1T 2006 DL
Furnish, Cynthia C.
Assistant Professor/Academic Director
BPAMBA emphasis in ManagementPhD Candidate in Business with a Public Sector Emphasis
5 June - 30 July 2006
Textbook: Text: Administrative Law: Bureaucracy in a Democracy, 3rd ed., 2006
Author: Daniel Hall
Text: Smoking and Politics: Policy Making and the Federal Bureaucracy, 5th ed., 1996
Author: A. Fritschler and James Hoefler (this short ancillary text is a must for this course.)
Students should also be thoroughly familiar with the Online Databases accessed through the Park University library.
Textbooks can be purchased though the MBS bookstore
Course Description: 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: Readings and understanding covered concepts are integral to this course. Expectations include knowledge and understanding of legal terminology as related to the administrative area of the law. Through discussion, videos, and relevant web sites students will understand the power and authority of administrative agencies and the judicial responsibilities to keep these in check. Facility in writing of legal briefs, learned in this class is of utmost importance.
Learning Outcomes: Core Learning Outcomes
Class Assessment: Students are expected to have all assigned work turned in at the prescribed dates. Students are expected to actively participate in all discussion threads with an original answer 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. Cases are to be briefed according to directions supplied by instructor. Students are expected to use several sources (at least 3, one must be your text) for information in discussion, and for completion of assigned projects. Students are expected to read all materials assigned including ancillary text as the semester progresses (do not try to read the ancillary text at the last minute; you will want to comment on what you are feeling about the book each week). Quizzes are important to the course for clarification of legal terminology specifically.
If you have questions about any of these policies, please contact your instructor for clarification.
Grading: You will be able to track your average throughout the course by means of the Gradebook. You will know in advance the standards for each assignment.
Assignment Points % of Grade Due
Issues for Discussion 160 (20 pts each)16% Weekly (8 weeks)
Case Reviews 60 ( 20pts each) 6% Weeks 2,4,7
Quizzes (3) 90( 30 pts 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 (70pts each)
14% Weeks 1 & 6
Proctored Final Examination 250 25% Week 8
Total 1000 100%
Course Grading Scale
A = 90- 100% (or 900 points or higher)
B = 80-89% (or 800 to 890 points)
C = 70-79% (or 700 to 790 points)
D = 60-69% (or 600 to 690 points)
F = < 60% (600 or fewer points
Late Submission of Course Materials: Submission of Late Work: Unless granted by the instructor before the fact, there will be no excuses for late work. Each day an assignment is late, your grade will drop a letter grade. After instructor's sample brief has been posted, briefs will not be accepted. Briefs must be accomplished exactly as assigned or they will be returned for redo making their eventual hand in late.
No course project papers will be accepted after the due date unless arrangements are made with instructor. If NO project paper is received by the instructor, the student will receive the grade of ‘F' for the course.
Classroom Rules of Conduct: Rules of online conduct will be observed. Derogatory postings toward other students or the instructor will not be tolerated. If a problem exists, the instructor should be contacted privately to communicate the situation.
Course Topic/Dates/Assignments: During Week 1, we will begin to explore the statutory authority of agencies, and bureaucratic discretion. . Legal means to limit powers and procedures of administrative agencies is studied. Readings include specific articles of the US Constitution and the Administrative Procedure Act (APA. Powers allocated to the Federal government, the States, concurrent powers are reviewed.
During Week 2, informal action by agencies and agency discretion are examined; and learn the concept of due process afforded by the Constitution (5th and 14th Amendments) . Further we will examine the judiciary oversight of the often broad powers of agencies whose authority is, in some cases, very broad.
During Week 3, we at rulemaking authority of agencies, differentiating rulemaking and adjudication. Focus is directed on information gathering examining aspects of the Fifth Amendment and immunity given as well as provisions of the Fourth Amendment discussing actions such as drug and alcohol testing; and inspections. Work groups will be formed to jointly brief a comprehensive case due by the Sunday of Week 4 which will serve as a midterm exam.
During Week 4, specifics of adjudication actions akin to a civil jury trial are examined. Important legal terminology is studied. The system of Administrative Law Judges (ALJ) is explored for their authority and neutrality.
During Week 5, we willlook at 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 are explained. Standings doctrine for litigation and qui tam actions will be explored. Much review will be based on environmental case law and concerns. Midterm group briefs will be discussed and drafts of course project readied.
During Week 6, accountability by the government in relation to the 'Freedom of Information Act' which gives the 'Privacy Act' and the 'Sunshine Act'now monitored through the APA will be explored. Privacy of law enforcement documents as well as those of national defense and foreign policy will be closely examined. Conversely, the 'public's right to know' will be thoroughly discussed.
During Week 7, liability of the government and soverign immunity expecially in relation to the 'Federal Tort Claims Act' (FTCA) and its ememptions are studied. . We will also concentrate on 'Discretional Function' Doctrine andthe 'Public Duty' Doctrine relating to liability of government employees. 'Deprivation' and the 'color of law' will be our focus examining liability of the government . The class project and research done by class members will be evaluated and discussed.
During Week 8, we review Administrative Law; its scope and areas of research looking primarily at the the Federal Register, the Code of Federal Regulations (CFR) and the Administrative Procedure Act itself (APA).
Proctored final exams are taken and a discussion of our rights outlined in a humorous scenario complete the course.
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 2005-2006 Undergraduate Catalog Page 85-87
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 2005-2006 Undergraduate Catalog Page 85-87
Attendance Policy:Instructors are required to maintain attendance records and to report absences via the online attendance reporting system.
Park University 2005-2006 Undergraduate Catalog Page 89
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 .
Last Updated:5/20/2006 3:07:48 PM