Administrative Law Syllabus - Fall 2023
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.
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:
Monday, August 21: Introduction - Read Pages 1-14; 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); Calendly Poll for Administrative Law "In the News" ; Related Web Sites (Optional); Questions to Think About
Wednesday, August 23: Rulemaking v. Adjudication - Read Pages 20-35; Hypothetical on page 35; Questions to Think About
Asynchronous Module for Appointment and Removal (on Canvas) - due before class begins on Monday, August 28
Week 2:
Monday, August 28: Introduction to Rulemaking - Read Pages 257-264; Review CALI Exercise on Basic Structure of the Federal Administrative Procedure Act; Related Web Sites (Optional); Questions to Think About
Wednesday, August 30: Formal Rulemaking - Read Pages 264-272; City of West Chicago v NRC; Hypothetical; CALI Exercise on Formal Rulemaking is available; Questions to Think About
Asynchronous Module for Legislative Vetoes (on Canvas) - due before class begins on Wednesday, September 6
Week 3:
Monday, September 4: Labor Day Holiday - No class
Wednesday, September 6: Notice and Comment Rulemaking - Read Pages 273-281; 283-286; Questions to Think About
No Asynchronous Module This Week
Week 4:
Monday, September 11: Hard Look Arbitrary and Capricious Review - Read Pages 310-324; Questions to Think About
Wednesday, September 13: Notice and Comment Rulemaking Procedures- Part II - Read U.S. v. Nova Scotia; Text pages 354-360; Hypothetical ; Questions to Think About
Asynchronous Module for Notice and Comment Rulemaking Wrap Up (on Canvas) - due before class begins on Monday, September 18; Notice and Comment Rulemaking Assignment on Canvas - due before class begins on Wednesday, September 20
Week 5:
Monday, September 18: Judicial Review - Chevron v NRDC - Read Pages 681-696; Questions to Think About
Wednesday, September 20: Judicial Review - Auer and Christensen - Read Pages 703-707; 762-766; Hypothetical; Questions to Think About
Asynchronous Module for Mead and Skidmore (on Canvas) - due before class begins on Monday, September 25
Week 6:
Monday, September 25: Judicial Review - Brand X and NFIB v. Department of Labor - Read Pages 780-789; NFIB v. Department of Labor; Questions to Think About
Wednesday, September 27: Interpretive Rules, Policy Statements and Guidance - Read Pages 795-808; 810-815; Questions to Think About
Asynchronous Module for Standing (on Canvas) - due before class begins on Monday, October 2
Week 7:
Monday, October 2: Standing - Injury in Fact - Read Pages 593-603; Hypothetical; Questions to Think About
Wednesday, October 4: Standing - Causation and Redressability; Associational Standing - Read Pages 608-614; Read Massachusetts v. EPA; Hypothetical; Questions to Think About
Asynchronous Module for Ripeness (on Canvas) - due before class begins on Monday, October 9
Week 8:
Monday, October 9: Preclusion of Judicial Review - Read Pages 816-826; Hypothetical; Questions to Think About
Wednesday, October 11: Committed to Agency Discretion - Read Pages 831-846; Questions to Think About
Asynchronous Module for Retroactivity (on Canvas) - due before class begins on Wednesday, October 18
Week 9:
Monday, October 16: Mid-Term Exam
Wednesday, October 18: Non-Delegation Doctrine - Read Pages 135-148; 164-168; Gundy v. United States; 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 Monday!!
Week 10:
Monday, October 23: Preemption - Read Pages 248-255; Supremacy Clause; Norfolk Southern Co. v. Shanklin; Questions to Think About
Asynchronous Module for Making Rules Through Adjudication (on Canvas) - due before class begins on Wednesday, October 25
Wednesday, October 25: Adjudication; Procedural Due Process ; Read Pages 392-400; 406-415; Questions to Think About
Week 11: NOTE that there are TWO Asynchronous Modules This Week
Monday, October 30: Procedural Due Process (continued) - Read Pages 415-418; 436-443; Questions to Think About
Asynchronous Module for Procedural Due Process (on Canvas) - due before class begins on Wednesday, November 1
Wednesday, November 1: Procedural Requirements for Informal Adjudication -Read Pages 523-531; Hypothetical ; Questions to Think About
Asynchronous Module for Procedural Requirements for Informal Adjudication (on Canvas) - due before class begins on Monday, November 6
Week 12:
Monday, November 6: Formal Adjudication - Review of Factual and Legal Determinations - Read Pages 923-929; 943-949; Hypothetical; Questions to Think About
Wednesday, November 8: Triggering Formal Adjudication / Procedural Violations - Read Pages 950-969; Questions to Think About
Asynchronous Module for Exhaustion (on Canvas) - due before class begins on Monday, November 13
Week 13:
Monday, November 13: Ex Parte Contacts in Adjudication / Estoppel - Read Pages 462-468; 473-477; Hypothetical; Questions to Think About
Asynchronous Module for FOIA (on Canvas) - due before class begins on Wednesday, November 15
Thursday, November 15: FOIA In-Class Assignment - due before class begins on Monday, November 27
Week 14:
Monday, November 27: Exam Review
Exam Period:
Thursday, December 7: Final Exam
Week 1:
Monday, August 21: Introduction - Read Pages 1-14; 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); Calendly Poll for Administrative Law "In the News" ; Related Web Sites (Optional); Questions to Think About
Wednesday, August 23: Rulemaking v. Adjudication - Read Pages 20-35; Hypothetical on page 35; Questions to Think About
Asynchronous Module for Appointment and Removal (on Canvas) - due before class begins on Monday, August 28
Week 2:
Monday, August 28: Introduction to Rulemaking - Read Pages 257-264; Review CALI Exercise on Basic Structure of the Federal Administrative Procedure Act; Related Web Sites (Optional); Questions to Think About
Wednesday, August 30: Formal Rulemaking - Read Pages 264-272; City of West Chicago v NRC; Hypothetical; CALI Exercise on Formal Rulemaking is available; Questions to Think About
Asynchronous Module for Legislative Vetoes (on Canvas) - due before class begins on Wednesday, September 6
Week 3:
Monday, September 4: Labor Day Holiday - No class
Wednesday, September 6: Notice and Comment Rulemaking - Read Pages 273-281; 283-286; Questions to Think About
No Asynchronous Module This Week
Week 4:
Monday, September 11: Hard Look Arbitrary and Capricious Review - Read Pages 310-324; Questions to Think About
Wednesday, September 13: Notice and Comment Rulemaking Procedures- Part II - Read U.S. v. Nova Scotia; Text pages 354-360; Hypothetical ; Questions to Think About
Asynchronous Module for Notice and Comment Rulemaking Wrap Up (on Canvas) - due before class begins on Monday, September 18; Notice and Comment Rulemaking Assignment on Canvas - due before class begins on Wednesday, September 20
Week 5:
Monday, September 18: Judicial Review - Chevron v NRDC - Read Pages 681-696; Questions to Think About
Wednesday, September 20: Judicial Review - Auer and Christensen - Read Pages 703-707; 762-766; Hypothetical; Questions to Think About
Asynchronous Module for Mead and Skidmore (on Canvas) - due before class begins on Monday, September 25
Week 6:
Monday, September 25: Judicial Review - Brand X and NFIB v. Department of Labor - Read Pages 780-789; NFIB v. Department of Labor; Questions to Think About
Wednesday, September 27: Interpretive Rules, Policy Statements and Guidance - Read Pages 795-808; 810-815; Questions to Think About
Asynchronous Module for Standing (on Canvas) - due before class begins on Monday, October 2
Week 7:
Monday, October 2: Standing - Injury in Fact - Read Pages 593-603; Hypothetical; Questions to Think About
Wednesday, October 4: Standing - Causation and Redressability; Associational Standing - Read Pages 608-614; Read Massachusetts v. EPA; Hypothetical; Questions to Think About
Asynchronous Module for Ripeness (on Canvas) - due before class begins on Monday, October 9
Week 8:
Monday, October 9: Preclusion of Judicial Review - Read Pages 816-826; Hypothetical; Questions to Think About
Wednesday, October 11: Committed to Agency Discretion - Read Pages 831-846; Questions to Think About
Asynchronous Module for Retroactivity (on Canvas) - due before class begins on Wednesday, October 18
Week 9:
Monday, October 16: Mid-Term Exam
Wednesday, October 18: Non-Delegation Doctrine - Read Pages 135-148; 164-168; Gundy v. United States; 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 Monday!!
Week 10:
Monday, October 23: Preemption - Read Pages 248-255; Supremacy Clause; Norfolk Southern Co. v. Shanklin; Questions to Think About
Asynchronous Module for Making Rules Through Adjudication (on Canvas) - due before class begins on Wednesday, October 25
Wednesday, October 25: Adjudication; Procedural Due Process ; Read Pages 392-400; 406-415; Questions to Think About
Week 11: NOTE that there are TWO Asynchronous Modules This Week
Monday, October 30: Procedural Due Process (continued) - Read Pages 415-418; 436-443; Questions to Think About
Asynchronous Module for Procedural Due Process (on Canvas) - due before class begins on Wednesday, November 1
Wednesday, November 1: Procedural Requirements for Informal Adjudication -Read Pages 523-531; Hypothetical ; Questions to Think About
Asynchronous Module for Procedural Requirements for Informal Adjudication (on Canvas) - due before class begins on Monday, November 6
Week 12:
Monday, November 6: Formal Adjudication - Review of Factual and Legal Determinations - Read Pages 923-929; 943-949; Hypothetical; Questions to Think About
Wednesday, November 8: Triggering Formal Adjudication / Procedural Violations - Read Pages 950-969; Questions to Think About
Asynchronous Module for Exhaustion (on Canvas) - due before class begins on Monday, November 13
Week 13:
Monday, November 13: Ex Parte Contacts in Adjudication / Estoppel - Read Pages 462-468; 473-477; Hypothetical; Questions to Think About
Asynchronous Module for FOIA (on Canvas) - due before class begins on Wednesday, November 15
Thursday, November 15: FOIA In-Class Assignment - due before class begins on Monday, November 27
Week 14:
Monday, November 27: Exam Review
Exam Period:
Thursday, December 7: 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 two 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 two 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 two in-class assignments that must be completed during the semester. They include
- 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 )
Mental Health and Wellness
Mercer University faculty and staff recognize that mental health concerns can impact academic performance and interfere with daily life activities. Because stress is a normal part of the college experience, learning to manage stress effectively is crucial to your well-being and overall success. Please notify your faculty member or academic advisor for academic assistance, as needed. CAPS can also provide support if you’re feeling anxious, overwhelmed, depressed, lost or are struggling with personal issues. Please call or visit the Counseling and Psychological Services (CAPS) website for more information. These services are free and confidential, and support non-traditional, graduate, and undergraduate students. Students may access CAPS at the location of their academic program: MACON – Counseling Center (#21 on the campus map, behind the MEP residential complex), 478-301-2862; ATLANTA – 215 Sheffield Student Center, 678-547-6060. Students at Regional Academic Center and other locations may obtain assistance in finding local services by contacting the CAPS Office nearest them, or utilizing WellConnectForYou.com , 866-640-4777. We also encourage students to call or text 988 to reach the National Suicide & Crisis Line if needed.Student
Mercer University faculty and staff recognize that mental health concerns can impact academic performance and interfere with daily life activities. Because stress is a normal part of the college experience, learning to manage stress effectively is crucial to your well-being and overall success. Please notify your faculty member or academic advisor for academic assistance, as needed. CAPS can also provide support if you’re feeling anxious, overwhelmed, depressed, lost or are struggling with personal issues. Please call or visit the Counseling and Psychological Services (CAPS) website for more information. These services are free and confidential, and support non-traditional, graduate, and undergraduate students. Students may access CAPS at the location of their academic program: MACON – Counseling Center (#21 on the campus map, behind the MEP residential complex), 478-301-2862; ATLANTA – 215 Sheffield Student Center, 678-547-6060. Students at Regional Academic Center and other locations may obtain assistance in finding local services by contacting the CAPS Office nearest them, or utilizing WellConnectForYou.com , 866-640-4777. We also encourage students to call or text 988 to reach the National Suicide & Crisis Line if needed.Student
Disability Statement
Students with a history or newly documented disability visible or invisible or who had an IEP or 504 Plan due to ADHD/ADD, visual or hearing impairments, Chronic Health Condition (ex. Diabetes, seizures, cancer other medical),pregnancy, child birth, lactation and medical condition related to pregnancy, mobility impairment, learning disability or a mental health concern (depression, anxiety, PTSD etc) should contact the Access and Accommodation Office (AAO) (https://access.mercer.edu) to complete the verification process to become approved for necessary accommodations and services.
In order to receive accommodation, each term, students will submit a Semester Request for faculty notification forms through the AAO online system Accommodate. Students are required to meet with each professor (during office hours or by appointment) in a timely manner to discuss implementation of accommodations. Students receiving accommodation for the administration of exams will receive instructions from the course faculty as to the time and location for their exam if different than class time.
Note – Disability accommodation or status are confidential and 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.
Students must request accommodation in a timely manner to receive accommodations in a timely manner. Please know accommodation is not retroactive.
Contact information: https://access.mercer.edu for information, email [email protected] main office 478-301-2810 and Atlanta 678-547-6823
Academic Integrity and the Honor System
Academic integrity at Mercer University is preserved and promoted through the Honor System. The Honor System demands of each student the responsibility for honesty and assumes the responsibility that each student will report any violations of the Honor Code. Each student is personally responsible for knowing the rights and obligations as set forth in the Honor System and expected to cooperate completely and participate fully in the Honor System. Procedures are outlined in the specific handbooks and available on the Provost’s website at https://provost.mercer.edu/office-of-the-provost/honor-system/.
Sexual Misconduct /Title IX Reporting
Mercer University is committed to providing an educational and workplace environment free from all forms of sexual misconduct. If you (or someone you know) have experienced any form of sexual misconduct, including sexual harassment, sexual assault, dating or domestic violence, gender discrimination or harassment, sexual exploitation, or stalking, know that help and support are available. Mercer University strongly encourages all members of the community to seek support and report incidents of sexual misconduct to the Title IX Office. You may contact the Title IX Coordinator at 478-301-2788 or at [email protected] or learn more by visiting https://titleix.mercer.edu/titleix.cfm. All Mercer University employees are required to disclose information about suspected or alleged sexual misconduct to the Title IX Office. If the Title IX Office receives information about an incident, they will reach out to provide information on your options, rights, and supportive measures that are available to you as a member of the Mercer University community.
Students with a history or newly documented disability visible or invisible or who had an IEP or 504 Plan due to ADHD/ADD, visual or hearing impairments, Chronic Health Condition (ex. Diabetes, seizures, cancer other medical),pregnancy, child birth, lactation and medical condition related to pregnancy, mobility impairment, learning disability or a mental health concern (depression, anxiety, PTSD etc) should contact the Access and Accommodation Office (AAO) (https://access.mercer.edu) to complete the verification process to become approved for necessary accommodations and services.
In order to receive accommodation, each term, students will submit a Semester Request for faculty notification forms through the AAO online system Accommodate. Students are required to meet with each professor (during office hours or by appointment) in a timely manner to discuss implementation of accommodations. Students receiving accommodation for the administration of exams will receive instructions from the course faculty as to the time and location for their exam if different than class time.
Note – Disability accommodation or status are confidential and 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.
Students must request accommodation in a timely manner to receive accommodations in a timely manner. Please know accommodation is not retroactive.
Contact information: https://access.mercer.edu for information, email [email protected] main office 478-301-2810 and Atlanta 678-547-6823
Academic Integrity and the Honor System
Academic integrity at Mercer University is preserved and promoted through the Honor System. The Honor System demands of each student the responsibility for honesty and assumes the responsibility that each student will report any violations of the Honor Code. Each student is personally responsible for knowing the rights and obligations as set forth in the Honor System and expected to cooperate completely and participate fully in the Honor System. Procedures are outlined in the specific handbooks and available on the Provost’s website at https://provost.mercer.edu/office-of-the-provost/honor-system/.
Sexual Misconduct /Title IX Reporting
Mercer University is committed to providing an educational and workplace environment free from all forms of sexual misconduct. If you (or someone you know) have experienced any form of sexual misconduct, including sexual harassment, sexual assault, dating or domestic violence, gender discrimination or harassment, sexual exploitation, or stalking, know that help and support are available. Mercer University strongly encourages all members of the community to seek support and report incidents of sexual misconduct to the Title IX Office. You may contact the Title IX Coordinator at 478-301-2788 or at [email protected] or learn more by visiting https://titleix.mercer.edu/titleix.cfm. All Mercer University employees are required to disclose information about suspected or alleged sexual misconduct to the Title IX Office. If the Title IX Office receives information about an incident, they will reach out to provide information on your options, rights, and supportive measures that are available to you as a member of the Mercer University community.