PO 337 Administrative Law
F1T 2009 DL
Furnish, Cynthia C.
Assistant Professor of Political Science/Adjunct Faculty
Candidate PhD.Business Administration (Global)Master of Business Administration ( Management)Bachelor of Public Administration
August 17 - October 11
There are 2 texts for this class:
1. Title: Administrative Law: Bureaucracy in a Democracy
Author: Daniel E. Hall
Edition: 4th (2009)
2. Title: Smoking and Politics: Policy Making and the Federal Bureaucracy
Author: A. Fritschler and James Hoefler
Edition: 6th (2007)
Textbooks can be purchased through the MBS bookstore
Textbooks can be purchased through the Parkville Bookstore
Students should also be thoroughly familiar with the Online Databases accessed through the Park University library.
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 email@example.com or call 800-927-3024Resources 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 firstname.lastname@example.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.
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 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. 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: Each student is responsible for:
% of Grade
Issues for Discussion
160 (20 pts each)
Weekly (8 weeks)
60 ( 20 pts each)
90( 30 pts each)
Project (Smoking and Politics)
Midterm Group Case
Weeks 3 & 4
Individual Comprehensive Case Briefs (2)
140 (70pts each)
Weeks 1 & 6
Proctored Final Examination
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.
Late Submission of Course Materials: 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 10 points. After instructor's sample brief has been posted for each comprehensive case, briefs will no longer be accepted for credit. 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
The general course overview is presented below. Specific reading and homework assignments will be posted in the course.
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.
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
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: Midterm comprehensive case will be assigned and special instructions given. This case will be due at the end of 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: Midterm special comprehensive case brief due
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: Turn in part of draft of written project (smoking and policy) This way, you will know that you are on the right track; quiz.
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; final review
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: Project (Monday by midnight); Case review; quiz
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 2009-2010 Undergraduate Catalog Page 92
Attendance Policy:Instructors are required to maintain attendance records and to report absences via the online attendance reporting system.
Park University 2009-2010 Undergraduate Catalog Page 95
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:8/16/2009 2:57:58 PM