Administrative Law Syllabus - Fall 2024
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 26: 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); Google Doc for Administrative Law "In the News" ; Related Web Sites (Optional); Questions to Think About
Wednesday, August 28: 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 Wednesday, September 4
Week 2:
Monday, September 2: Labor Day Holiday - No class
Wednesday, September 4: 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
Asynchronous Module for Legislative Vetoes (on Canvas) - due before class begins on Monday, September 9
Week 3:
Monday, September 9: Formal Rulemaking - Read Pages 264-272; City of West Chicago v NRC; Hypothetical; CALI Exercise on Formal Rulemaking is available; Questions to Think About
Wednesday, September 11: Notice and Comment Rulemaking - Read Pages 273-281; 283-286; Questions to Think About
No Asynchronous Module This Week
Week 4:
Monday, September 16: Hard Look Arbitrary and Capricious Review - Read Pages 310-324; Questions to Think About
Wednesday, September 18: 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 23; Notice and Comment Rulemaking Assignment on Canvas - due before class begins on Wednesday, September 25
Week 5:
Monday, September 23: Judicial Review - Skidmore v. Swift; Chevron v NRDC - Read Pages 757-762; 681-691; Questions to Think About
Wednesday, September 25: Judicial Review - Chevron (cont.); Loper Bright v. Raimondo - Read Loper Bright v. Raimondo; Questions to Think About
Asynchronous Module for Auer (on Canvas) - due before class begins on Monday, September 30
Week 6:
Monday, September 30: Judicial Review - Major Questions Doctrine - Read Pages 171-178; NFIB v. Department of Labor; Questions to Think About
Wednesday, October 2: 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 7
Week 7:
Monday, October 7: Standing - Injury in Fact - Read Pages 593-603; Hypothetical; Questions to Think About
Wednesday, October 9: 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 Wednesday, October 16
Week 8:
Monday, October 14: Mid-Term Exam
Wednesday, October 16: Preclusion of Judicial Review - Read Pages 816-826; Hypothetical; Questions to Think About
Asynchronous Module for Retroactivity (on Canvas) - due before class begins on Monday, October 21
Week 9:
Monday, October 21: Committed to Agency Discretion - Read Pages 831-846; Questions to Think About
Wednesday, October 23: 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 28: 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 30
Wednesday, October 30: 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, November 4: 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 6
Wednesday, November 6: 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 11
Week 12:
Monday, November 11: Formal Adjudication - Review of Factual and Legal Determinations - Read Pages 923-929; 943-949; Hypothetical; Questions to Think About
Wednesday, November 13: 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 18
Week 13:
Monday, November 18: 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 20
Wednesday, November 20: Exam Review
Exam Period:
Monday, December 9: Final Exam
Week 1:
Monday, August 26: 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); Google Doc for Administrative Law "In the News" ; Related Web Sites (Optional); Questions to Think About
Wednesday, August 28: 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 Wednesday, September 4
Week 2:
Monday, September 2: Labor Day Holiday - No class
Wednesday, September 4: 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
Asynchronous Module for Legislative Vetoes (on Canvas) - due before class begins on Monday, September 9
Week 3:
Monday, September 9: Formal Rulemaking - Read Pages 264-272; City of West Chicago v NRC; Hypothetical; CALI Exercise on Formal Rulemaking is available; Questions to Think About
Wednesday, September 11: Notice and Comment Rulemaking - Read Pages 273-281; 283-286; Questions to Think About
No Asynchronous Module This Week
Week 4:
Monday, September 16: Hard Look Arbitrary and Capricious Review - Read Pages 310-324; Questions to Think About
Wednesday, September 18: 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 23; Notice and Comment Rulemaking Assignment on Canvas - due before class begins on Wednesday, September 25
Week 5:
Monday, September 23: Judicial Review - Skidmore v. Swift; Chevron v NRDC - Read Pages 757-762; 681-691; Questions to Think About
Wednesday, September 25: Judicial Review - Chevron (cont.); Loper Bright v. Raimondo - Read Loper Bright v. Raimondo; Questions to Think About
Asynchronous Module for Auer (on Canvas) - due before class begins on Monday, September 30
Week 6:
Monday, September 30: Judicial Review - Major Questions Doctrine - Read Pages 171-178; NFIB v. Department of Labor; Questions to Think About
Wednesday, October 2: 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 7
Week 7:
Monday, October 7: Standing - Injury in Fact - Read Pages 593-603; Hypothetical; Questions to Think About
Wednesday, October 9: 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 Wednesday, October 16
Week 8:
Monday, October 14: Mid-Term Exam
Wednesday, October 16: Preclusion of Judicial Review - Read Pages 816-826; Hypothetical; Questions to Think About
Asynchronous Module for Retroactivity (on Canvas) - due before class begins on Monday, October 21
Week 9:
Monday, October 21: Committed to Agency Discretion - Read Pages 831-846; Questions to Think About
Wednesday, October 23: 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 28: 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 30
Wednesday, October 30: 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, November 4: 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 6
Wednesday, November 6: 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 11
Week 12:
Monday, November 11: Formal Adjudication - Review of Factual and Legal Determinations - Read Pages 923-929; 943-949; Hypothetical; Questions to Think About
Wednesday, November 13: 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 18
Week 13:
Monday, November 18: 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 20
Wednesday, November 20: Exam Review
Exam Period:
Monday, December 9: 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:
Additional Assignments: There are two additional 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.
Additional Assignments: There are two additional assignments that must be completed during the semester. They include
- an assignment addressing notice and comment rulemaking; 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 )
Required University Syllabus Statements
Please follow this link, https://provost.mercer.edu/curriculum-information/syllabus-statements/, to review the syllabus statements that apply to all course syllabi at Mercer University. These syllabus statements cover a range of important topics, including but not limited to, academic integrity and the honor system, access and accommodations, mental health and wellness, sexual misconduct/Title IX matters, and resources to enhance student success. Information about law school related academic success resources are available at: https://law.mercer.edu/academics/academic-success-and-bar-preparation/services-and-resources/
AI Use:
If you wish to use AI tools for any aspect of your coursework, you must first obtain written permission from Professor Johnson. Requests will be considered on a case-by-case basis. If approved, you will receive specific guidelines for use and required attribution. Unapproved use of AI tools will be treated as plagiarism as defined by the University Honor Code.
Please follow this link, https://provost.mercer.edu/curriculum-information/syllabus-statements/, to review the syllabus statements that apply to all course syllabi at Mercer University. These syllabus statements cover a range of important topics, including but not limited to, academic integrity and the honor system, access and accommodations, mental health and wellness, sexual misconduct/Title IX matters, and resources to enhance student success. Information about law school related academic success resources are available at: https://law.mercer.edu/academics/academic-success-and-bar-preparation/services-and-resources/
AI Use:
If you wish to use AI tools for any aspect of your coursework, you must first obtain written permission from Professor Johnson. Requests will be considered on a case-by-case basis. If approved, you will receive specific guidelines for use and required attribution. Unapproved use of AI tools will be treated as plagiarism as defined by the University Honor Code.