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PO 337 Administrative Law
Furnish, Cynthia C.


Mission Statement: Park University provides access to a quality higher education experience that prepares a diverse community of learners to think critically, communicate effectively, demonstrate a global perspective and engage in lifelong learning and service to others.

Vision Statement: Park University, a pioneering institution of higher learning since 1875, will provide leadership in quality, innovative education for a diversity of learners who will excel in their professional and personal service to the global community.

Course

PO 337 Administrative Law

Semester

F2T 2011 DL

Faculty

Furnish, Cynthia C.

Title

Assistant Professor/Adjunct Faculty

Degrees/Certificates

Candidate- ABD – Organization and Management- 2012
MBA - Emphasis::Public Administration and Management-1992
BPA- 1990

Office Hours

Calls taken before 9PM CT

Daytime Phone

(210) 657-6788 (and evening)

E-Mail

cindy.furnish@park.edu

cindy_furnish@yahoo.com

Semester Dates

17 October - 9 December 2011

Class Days

TBA

Class Time

TBA

Credit Hours

3 SH


Textbook:
There are 2 texts for this class:
1. Title: Administrative Law: Bureaucracy in a Democracy
    Author: Daniel E. Hall
    Edition: 5th (2012)
    ISBN-10: 01351094903
    ISBN-13: 97801351094906

2. Title:
Smoking and Politics: Bureaucracy Centered Policy Making
    Author: A. Fritschler and C. Rudder
    Edition: 6th (2007)
    ISBN: 109780131791046                   

Textbooks can be purchased through the MBS bookstore

Textbooks can be purchased through the Parkville Bookstore

Additional Resources:

Students should be thoroughly familiar with the Online Databases accessed through the Park University library:

     Lexis Nexis

     Findlaw

     Oyez Oyez

     See complete Webliography – moved to Course Home thread

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:

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

  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 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:

  • Completing weekly reading assignments
  • Participating in weekly discussion topics and to provide substantive responses to other students
  • Completing case reviews and case briefs  
  • Completing all quizzes
  • Completing the written project on smoking and politics
  • Locating a suitable proctor with professional e-mail for the final exam
  • Completing a proctored final exam which will be comprehensive and in two parts.  The first portion will be knowledge questions which are objective in nature (T/F,MC).  In the second section, the student will be to brief a legal case.  The case will be made available to students on Wednesday of Week 7.

Assignment

Points

% of Grade

Due

Issues for Discussion

160 (20 pts each)

16%

Weekly (8 weeks)

Case Reviews (Comprehensive and Text)

60 (20 pts each week)

  6% 

Weeks 2,4,7

Quizzes (3)

90 (30 pts each)

 9%

Weeks 2,4,7

Smoking and Politics- Weekly Discussion

20 (4 pts each)

 2%

Weeks 2,3,4,5,6

Project (Smoking and Politics)

200

 20%

Week 6

Midterm Case Brief

80

   8%

Week 3

Comprehensive Case Briefs (2)

140 (70pts each)

 14%

Weeks 1 & 6

Proctored Final Examination

250

250

Week 8

Total

1000

100%

 
Grade Distribution as follows:

        1000-900 = A

          899-800 = B

          799-700 = C

          699-600 = D

        Below 600 = F

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 5 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.

Course Topic/Dates/Assignments:

  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: Midterm comprehensive case will be assigned and special instructions given. This case will be due Monday 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:  Midterm special comprehensive case brief due. Text case review.
 
 

      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 briefs. 

Assignments: Quiz. Midterm case review.

  

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 Politics) finalized. Comprehensive case brief. Review for Final.
 

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: Project due (Monday by midnight); Case review. Quiz. Case for final posted mid-week.
 
 

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.  Discussion Questions

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 students and faculty members are encouraged to take advantage of the University resources available for learning about academic honesty (www.park.edu/current or http://www.park.edu/faculty/).from Park University 2011-2012 Undergraduate Catalog Page 93

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. from Park University 2011-2012 Undergraduate Catalog Page 93

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: Students must participate in an academically related activity on a weekly basis in order to be marked present in an online class. Examples of academically-related activities include but are not limited to: contributing to an online discussion, completing a quiz or exam, completing an assignment, initiating contact with a faculty member to ask a courserelated question, or using any of the learning management system tools.

Park University 2011-2012 Undergraduate Catalog Page 96

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:

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Last Updated:10/10/2011 2:43:25 PM