Administrative Law Syllabus - Fall 2020
Professor Johnson
Professor Johnson
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Attendance: If a student accumulates more than 4 unexcused absences during the semester, the student will not pass the course. (This may be modified if necessary to provide accommodations due to COVID-19).
Preparation: Class participation will be considered in grading.
Technology: The abuse of technological devices can be distracting to you, to your classmates, and to me, and can undermine the classroom experience for everyone. To this end, please refrain from displaying wallpaper, screen savers, or other material on your computer screen that may reasonably be expected to offend or distract your classmates. Please refrain from e-mailing, checking email, and messaging during class and limit web surfing to material related to the class. Please let me know if a classmate disregards these rules and is hindering your ability to learn.
Note-taking: Resist the temptation to take down everything that is said in class. Instead, process what is being discussed and be selective. Don’t let note-taking interfere with your thinking about what is being discussed.
Preparation: Class participation will be considered in grading.
Technology: The abuse of technological devices can be distracting to you, to your classmates, and to me, and can undermine the classroom experience for everyone. To this end, please refrain from displaying wallpaper, screen savers, or other material on your computer screen that may reasonably be expected to offend or distract your classmates. Please refrain from e-mailing, checking email, and messaging during class and limit web surfing to material related to the class. Please let me know if a classmate disregards these rules and is hindering your ability to learn.
Note-taking: Resist the temptation to take down everything that is said in class. Instead, process what is being discussed and be selective. Don’t let note-taking interfere with your thinking about what is being discussed.
Assignments by Week:
Week 1:
Tuesday, August 25: Introduction - Read Pages 1-12; Post Introductory Video or Audio Clip to Canvas before the first class meeting per the Assignment Instructions on Canvas; Browse Instructions for Administrative Law in the News (on Canvas - to be explained in class); Doodle Poll for Administrative Law "In the News" ; Related Web Sites (Optional); Questions to Think About
Thursday, August 27: Rulemaking v. Adjudication - Read Pages 15-31; Hypothetical on page 31; Questions to Think About
Asynchronous Module for Appointment and Removal (on Canvas) - due before class begins on Tuesday, September 1
Week 2:
Tuesday, September 1: Introduction to Rulemaking - Read Pages 71-81; Review CALI Exercise on Basic Structure of the Federal Administrative Procedure Act; Related Web Sites (Optional); Questions to Think About
Thursday, September 3: Formal Rulemaking - Read Pages 81-95; Hypothetical; CALI Exercise on Formal Rulemaking is available; Questions to Think About
Asynchronous Module for Legislative Vetoes (on Canvas) - due before class begins on Tuesday, September 8
Week 3:
Tuesday, September 8: Notice and Comment Rulemaking - Read Pages 96-105, 108-111; Questions to Think About
Thursday, September 10: Hard Look Arbitrary and Capricious Review - Read Pages 135-146; Questions to Think About
No Asynchronous Module This Week
Week 4:
Tuesday, September 15: Notice and Comment Rulemaking Procedures- Part II - Read Pages 149-164; Hypothetical ; Questions to Think About
Thursday, September 17: Federal Rulemaking - In-class assignment; Skim E-Rulemaking article
Asynchronous Module for Notice and Comment Rulemaking Wrap Up (on Canvas) - due before class begins on Tuesday, September 22
Week 5:
Tuesday, September 22: Judicial Review - Chevron v NRDC - Read Pages 186-200; Questions to Think About
Thursday, September 24: Judicial Review - Auer and Christensen - Read Pages 201-207; 211-215; Hypothetical; Questions to Think About
Asynchronous Module for Mead and Skidmore (on Canvas) - due before class begins on Tuesday, September 29
Week 6:
Tuesday, September 29: Judicial Review - Brand X and King v. Burwell - Read Pages 245-263; Questions to Think About
Thursday, October 1: Interpretive Rules, Policy Statements and Guidance - Read Pages 276-291; 293-298; Questions to Think About
Asynchronous Module for Standing (on Canvas) - due before class begins on Tuesday, October 6
Week 7:
Tuesday, October 6: Standing - Injury in Fact - Read Pages 355-366; Hypothetical; Questions to Think About
Thursday, October 8: Standing - Causation and Redressability; Associational Standing - Read Pages 372-377; Read Massachusetts v. EPA; Hypothetical; Questions to Think About
Asynchronous Module for Ripeness (on Canvas) - due before class begins on Tuesday, October 13
Week 8:
Tuesday, October 13: Preclusion of Judicial Review - Read Pages 421-433; Hypothetical; Questions to Think About
Thursday, October 15: Committed to Agency Discretion - Read Pages 438-455; Questions to Think About
Asynchronous Module for Retroactivity (on Canvas) - due before class begins on Tuesday, October 20
Week 9:
Tuesday, October 20: Mid-Term Exam
Thursday, October 22: Non-Delegation Doctrine - Read Pages 505-520; 524-528; 557-560; Hypothetical; CALI Exercise on Unlawful Delegation is available; Questions to Think About
No Asynchronous Module This Week - BUT Asynchronous Modules for next 2 weeks are due mid-week, instead of the following Tuesday!!
Week 10:
Tuesday, October 27: Brown and Williamson; Pre-emption - Read Pages 539-557; Questions to Think About
Asynchronous Module for Making Rules Through Adjudication (on Canvas) - due before class begins on Thursday, October 29
Thursday, October 29: Adjudication; Procedural Due Process ; Read Pages 643-653; 662-671; Questions to Think About
Week 11: NOTE that there are TWO Asynchronous Modules This Week
Tuesday, November 3: Procedural Due Process (continued) - Read Pages 671-675; 682-689; Questions to Think About
Asynchronous Module for Procedural Due Process (on Canvas) - due before class begins on Thursday, November 5
Thursday, November 5: Procedural Requirements for Informal Adjudication -Read Pages 703-711; Hypothetical ; Questions to Think About
Asynchronous Module for Procedural Requirements for Informal Adjudication (on Canvas) - due before class begins on Tuesday, November 10
Week 12:
Tuesday, November 10: Formal Adjudication - Review of Factual and Legal Determinations - Read Pages 775-781; 795-801; Hypothetical; Questions to Think About
Thursday, November 12: Triggering Formal Adjudication / Procedural Violations - Read Pages 803-822; Questions to Think About
Asynchronous Module for Exhaustion (on Canvas) - due before class begins on Tuesday, November 17
Week 13:
Tuesday, November 17: Ex Parte Contacts in Adjudication / Estoppel - Read Pages 884-891; 895-898; Hypothetical; Questions to Think About
Asynchronous Module for FOIA (on Canvas) - due before class begins on Thursday, November 19
Thursday, November 19: FOIA In-Class Assignment
Week 14:
Tuesday, December 1: Exam Review via Zoom at normal class time
Exam Period:
Monday, December 14: Final Exam
Week 1:
Tuesday, August 25: Introduction - Read Pages 1-12; Post Introductory Video or Audio Clip to Canvas before the first class meeting per the Assignment Instructions on Canvas; Browse Instructions for Administrative Law in the News (on Canvas - to be explained in class); Doodle Poll for Administrative Law "In the News" ; Related Web Sites (Optional); Questions to Think About
Thursday, August 27: Rulemaking v. Adjudication - Read Pages 15-31; Hypothetical on page 31; Questions to Think About
Asynchronous Module for Appointment and Removal (on Canvas) - due before class begins on Tuesday, September 1
Week 2:
Tuesday, September 1: Introduction to Rulemaking - Read Pages 71-81; Review CALI Exercise on Basic Structure of the Federal Administrative Procedure Act; Related Web Sites (Optional); Questions to Think About
Thursday, September 3: Formal Rulemaking - Read Pages 81-95; Hypothetical; CALI Exercise on Formal Rulemaking is available; Questions to Think About
Asynchronous Module for Legislative Vetoes (on Canvas) - due before class begins on Tuesday, September 8
Week 3:
Tuesday, September 8: Notice and Comment Rulemaking - Read Pages 96-105, 108-111; Questions to Think About
Thursday, September 10: Hard Look Arbitrary and Capricious Review - Read Pages 135-146; Questions to Think About
No Asynchronous Module This Week
Week 4:
Tuesday, September 15: Notice and Comment Rulemaking Procedures- Part II - Read Pages 149-164; Hypothetical ; Questions to Think About
Thursday, September 17: Federal Rulemaking - In-class assignment; Skim E-Rulemaking article
Asynchronous Module for Notice and Comment Rulemaking Wrap Up (on Canvas) - due before class begins on Tuesday, September 22
Week 5:
Tuesday, September 22: Judicial Review - Chevron v NRDC - Read Pages 186-200; Questions to Think About
Thursday, September 24: Judicial Review - Auer and Christensen - Read Pages 201-207; 211-215; Hypothetical; Questions to Think About
Asynchronous Module for Mead and Skidmore (on Canvas) - due before class begins on Tuesday, September 29
Week 6:
Tuesday, September 29: Judicial Review - Brand X and King v. Burwell - Read Pages 245-263; Questions to Think About
Thursday, October 1: Interpretive Rules, Policy Statements and Guidance - Read Pages 276-291; 293-298; Questions to Think About
Asynchronous Module for Standing (on Canvas) - due before class begins on Tuesday, October 6
Week 7:
Tuesday, October 6: Standing - Injury in Fact - Read Pages 355-366; Hypothetical; Questions to Think About
Thursday, October 8: Standing - Causation and Redressability; Associational Standing - Read Pages 372-377; Read Massachusetts v. EPA; Hypothetical; Questions to Think About
Asynchronous Module for Ripeness (on Canvas) - due before class begins on Tuesday, October 13
Week 8:
Tuesday, October 13: Preclusion of Judicial Review - Read Pages 421-433; Hypothetical; Questions to Think About
Thursday, October 15: Committed to Agency Discretion - Read Pages 438-455; Questions to Think About
Asynchronous Module for Retroactivity (on Canvas) - due before class begins on Tuesday, October 20
Week 9:
Tuesday, October 20: Mid-Term Exam
Thursday, October 22: Non-Delegation Doctrine - Read Pages 505-520; 524-528; 557-560; Hypothetical; CALI Exercise on Unlawful Delegation is available; Questions to Think About
No Asynchronous Module This Week - BUT Asynchronous Modules for next 2 weeks are due mid-week, instead of the following Tuesday!!
Week 10:
Tuesday, October 27: Brown and Williamson; Pre-emption - Read Pages 539-557; Questions to Think About
Asynchronous Module for Making Rules Through Adjudication (on Canvas) - due before class begins on Thursday, October 29
Thursday, October 29: Adjudication; Procedural Due Process ; Read Pages 643-653; 662-671; Questions to Think About
Week 11: NOTE that there are TWO Asynchronous Modules This Week
Tuesday, November 3: Procedural Due Process (continued) - Read Pages 671-675; 682-689; Questions to Think About
Asynchronous Module for Procedural Due Process (on Canvas) - due before class begins on Thursday, November 5
Thursday, November 5: Procedural Requirements for Informal Adjudication -Read Pages 703-711; Hypothetical ; Questions to Think About
Asynchronous Module for Procedural Requirements for Informal Adjudication (on Canvas) - due before class begins on Tuesday, November 10
Week 12:
Tuesday, November 10: Formal Adjudication - Review of Factual and Legal Determinations - Read Pages 775-781; 795-801; Hypothetical; Questions to Think About
Thursday, November 12: Triggering Formal Adjudication / Procedural Violations - Read Pages 803-822; Questions to Think About
Asynchronous Module for Exhaustion (on Canvas) - due before class begins on Tuesday, November 17
Week 13:
Tuesday, November 17: Ex Parte Contacts in Adjudication / Estoppel - Read Pages 884-891; 895-898; Hypothetical; Questions to Think About
Asynchronous Module for FOIA (on Canvas) - due before class begins on Thursday, November 19
Thursday, November 19: FOIA In-Class Assignment
Week 14:
Tuesday, December 1: Exam Review via Zoom at normal class time
Exam Period:
Monday, December 14: Final Exam
Course Requirements and Grading: Grading for the course is based on:
Asynchronous Modules: One third of the material for this course is taught through asynchronous course modules. While the modules are asynchronous, each module must be completed by the deadline provided for the module, because the subsequent synchronous classes in the semester will build on the material presented in the asynchronous modules. Thus, if the third class “meeting” for the semester is an asynchronous meeting, the fourth class meeting will likely present material that builds on the material presented in the third class. For that reason, it is imperative that you complete each asynchronous course module by the deadline for the module.
Each of the 12 asynchronous modules includes (1) reading assignments; (2) 2 videos to watch; and (3) 2 short CALI exercises to complete. Five of the 12 modules include an additional assignment requiring students to answer a few questions in short essay form.
Grading for the asynchronous modules is based primarily on completion of the assignments for the modules in a timely manner. Thus, when you complete each CALI exercise, please remember to click on the button at the end of the lesson that “finalizes” your score. In addition, when you complete the short essay assignments for the modules that include those assignments, please remember to upload your assignment from the assignment page in Canvas. Finally, when you complete the assignments for each module, please remember to click on the “Mark as Done” Block on the module in Canvas to indicate that you have completed the module.
Grading for the Asynchronous Modules: There are a maximum 100 points available for the asynchronous modules. Points for the asynchronous modules are allocated as follows:
In-Class Assignments: There are three in-class assignments that must be completed during the semester. They include
In addition to the CALI exercises in the asynchronous modules, students must complete one additional CALI exercise that will be assigned that focuses on the basic structure of the Administrative Procedures Act.
- a closed book, multiple choice mid-term exam (20%)
- an open book final exam - essay format (70%); and
- successful completion of all of the asynchronous modules for the course (10%). In addition, in order to pass the course, students must complete three in-class exercises which will be assigned during the semester, but which are not graded numerically.
Asynchronous Modules: One third of the material for this course is taught through asynchronous course modules. While the modules are asynchronous, each module must be completed by the deadline provided for the module, because the subsequent synchronous classes in the semester will build on the material presented in the asynchronous modules. Thus, if the third class “meeting” for the semester is an asynchronous meeting, the fourth class meeting will likely present material that builds on the material presented in the third class. For that reason, it is imperative that you complete each asynchronous course module by the deadline for the module.
Each of the 12 asynchronous modules includes (1) reading assignments; (2) 2 videos to watch; and (3) 2 short CALI exercises to complete. Five of the 12 modules include an additional assignment requiring students to answer a few questions in short essay form.
Grading for the asynchronous modules is based primarily on completion of the assignments for the modules in a timely manner. Thus, when you complete each CALI exercise, please remember to click on the button at the end of the lesson that “finalizes” your score. In addition, when you complete the short essay assignments for the modules that include those assignments, please remember to upload your assignment from the assignment page in Canvas. Finally, when you complete the assignments for each module, please remember to click on the “Mark as Done” Block on the module in Canvas to indicate that you have completed the module.
Grading for the Asynchronous Modules: There are a maximum 100 points available for the asynchronous modules. Points for the asynchronous modules are allocated as follows:
- Completion of modules - 2 points for on-time completion of each module; 1 point for late completion of each module (Maximum of 24 points for the 12 modules).
- Completion of CALI exercises - 2 points for each CALI exercise completed on-time; 1 point for each CALI exercise completed late (Maximum of 48 points for the 24 CALI exercises;
- Completion of short essay assignments in the modules - There are 5 modules that include short essay assignments. There are 14 questions in those 5 modules. Students earn 2 points for each question completed on-time and 1 point for each question completed late. (Maximum of 28 points for the 14 questions).
- Late assignments must be completed prior to the beginning of the exam period to earn partial credit.
In-Class Assignments: There are three in-class assignments that must be completed during the semester. They include
- an exercise on the notice and comment rulemaking process, which includes drafting a comment on a proposed rule;
- drafting a FOIA request letter; and
- providing a brief report to the class on an action by an administrative agency chosen by the student.
In addition to the CALI exercises in the asynchronous modules, students must complete one additional CALI exercise that will be assigned that focuses on the basic structure of the Administrative Procedures Act.
Learning Outcomes: By the end of the semester, students should be able to (1) understand and evaluate the constitutional doctrines that define the permissible structure and functioning of executive and independent agencies, the law derived from the Administrative Procedure Act, statutes, and case law that governs agency procedures in rulemaking and adjudication, and key doctrines that govern judicial review of agency action (Legal Literacy; Legal Communication); (2) analyze and assess factual scenarios in accordance with applicable administrative law principles to identify relevant facts, formulate vital questions and problems clearly and precisely, and determine appropriate outcomes in legal proceedings (Problem Identification; Problem Analysis; Critical Thinking); (3) identify applicable administrative law principles and apply them in accordance with the best interests of the client, fairness and equity to all parties, and the rule of law, recognizing the practical and social/policy consequences of application of those principles (Problem Analysis; Critical Thinking; Forming Professional Identity); (4) research and draft basic documents relevant to administrative law (Legal Communication); (5) communicate effectively and respectfully with others in solving complex problems in administrative law (Interpersonal Skills); and (6) work collectively to achieve one or more of the preceding outcomes.
(Note: These outcomes are tied to the Law School’s learning outcomes, which are available at:
http://law.mercer.edu/www/mu-law/academics/upload/Learning-Outcomes-2017.pdf )
(Note: These outcomes are tied to the Law School’s learning outcomes, which are available at:
http://law.mercer.edu/www/mu-law/academics/upload/Learning-Outcomes-2017.pdf )
Student Accommodations:
Students in need of accommodation due to a disability should contact the Access and Accommodation Office to complete the verification process to become approved for services. In order to receive accommodations, each term, students will request accommodation through the Access Office online system Accommodate. Students requiring classroom accommodations (i.e. special seating, classroom recordings, etc.) are strongly encouraged to schedule a meeting with each professor in a timely manner to discuss arrangements. Students receiving only testing accommodations should instead discuss those matters with the Office of Access and Accommodation and with the appropriate Dean. Accommodations are not retroactive in nature.
Note - Disability accommodations or status are not reflected on academic transcripts.
Students with a history of a disability, perceived as having a disability, or with a current disability who do not wish to use academic accommodations are also strongly encouraged to complete the verification process with the Access Office.
The Access Coordinator for Macon Campus is Katie Johnson, Director and ADA/504 Coordinator.
Phone: (478) 301-2778;
email: [email protected]
Website: https://access.mercer.edu
Students in need of accommodation due to a disability should contact the Access and Accommodation Office to complete the verification process to become approved for services. In order to receive accommodations, each term, students will request accommodation through the Access Office online system Accommodate. Students requiring classroom accommodations (i.e. special seating, classroom recordings, etc.) are strongly encouraged to schedule a meeting with each professor in a timely manner to discuss arrangements. Students receiving only testing accommodations should instead discuss those matters with the Office of Access and Accommodation and with the appropriate Dean. Accommodations are not retroactive in nature.
Note - Disability accommodations or status are not reflected on academic transcripts.
Students with a history of a disability, perceived as having a disability, or with a current disability who do not wish to use academic accommodations are also strongly encouraged to complete the verification process with the Access Office.
The Access Coordinator for Macon Campus is Katie Johnson, Director and ADA/504 Coordinator.
Phone: (478) 301-2778;
email: [email protected]
Website: https://access.mercer.edu