Statutory Law and Analysis - Spring 2022
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.
Masks must be worn in class at all times, regardless of vaccination status. If you do not have a mask, you can obtain one from the Dean's office.
Mercer University Health and Safety Protocols for 2021-2022 in light of COVID-19 are linked here.
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.
Masks must be worn in class at all times, regardless of vaccination status. If you do not have a mask, you can obtain one from the Dean's office.
Mercer University Health and Safety Protocols for 2021-2022 in light of COVID-19 are linked here.
Assignments by Week:
Week 1:
Wednesday, January 19: The Legislative Process: Post Introductory Video or Audio Clip to Canvas before the first class meeting per the Assignment Instructions on Canvas; Read Pages 24-29 of The Legislative Process handout; Skim pages 18-24 of The Legislative Process handout; Questions to Think About
Week 2:
Monday, January 24: The Legislative Process (continued): Read Pages 1-14 of The Legislative Process handout; Problem 1-1 on page 12 of the Hricik/Jellum book; CALI exercise on The Legislative Process - https://www.cali.org/lessonlink/19041/SPL/8534/jq (due Monday, January 31 before class); Questions to Think About
Wednesday, January 26: Legislative History: Read Pages 222-232 of Hricik/Jellum book; 70-74 of Theories of Interpretation handout; Questions to Think About
Week 3:
Monday, January 31: Sources for Interpretation / Theories of Interpretation: Read pages 33-35 in Hricik/Jellum book; 1-18 of Theories of Interpretation handout; Legislative History Research Assignment Due - Questions 1, 3, & 5 on pages 14 and 15 of The Legislative Process handout (upload to Canvas) (I have prepared a video on searching Congress.gov as optional background for the research assignment); Questions to Think About
Wednesday, February 2: Theories of Interpretation - Purposivism: Read pages 19-34 of Theories of Interpretation handout; Problem 10-2 in Hricik/Jellum book; Questions to Think About
Week 4:
Monday, February 7: Theories of Interpretation - Other theories: Read pages 53-66 of Theories of Interpretation handout; Skim HLR Handout; CALI exercise on Theories of Interpretation - https://www.cali.org/lessonlink/19068/SPL/8534/jq (due Monday, February 14 before class); Questions to Think About
Wednesday, February 9: Plain Meaning - Ordinary Meaning: Read pages 73-82; Problem 3-1; Questions to Think About
Week 5:
Monday, February 14: Plain Meaning - Technical Meaning: Read pages 82-84; 87-92; Problem 3-2; Questions to Think About
Wednesday, February 16: Plain Meaning - Ambiguity: Read pages 93-101; Problem 4-1; Questions to Think About
Week 6:
Monday, February 21: Plain Meaning - Absurd Results: Read pages 102-108; 115-119; Problem 4-2; Questions to Think About
Wednesday, February 23: Interpreting Statutes in Pari Materia - Whole Act Rule and Similar Statutes: Read pages 149-154; Smith v. Jackson; Browse Appendix A; Questions to Think About
Week 7:
Monday, February 28: Rule Against Surplusage / Noscitur a Sociis: Read pages 161, 164-172; Problem 6-2; Questions to Think About
Wednesday, March 2: Ejusdem Generis / Expressio Unius: Read pages 172-183; Problem 6-3; Questions to Think About
Week 8:
Monday, March 7: Mid-Term Exam
Wednesday, March 9: Titles and Preambles: Read pages 197-210; Questions to Think About
Week 9:
Monday, March 14: Subsequent Legislative Action: Acquiescence: Read Flood v. Kuhn; Curt Flood Act of 1998; Questions to Think About
Wednesday, March 16: Statutes in Derogation of Common Law; Remedial Statutes; Rule of Lenity: Read pages 397-403; 476-477; United States v. Thompson /Center Arms Company; Problem 16-2; Questions to Think About
Spring Break: Monday, March 21 - Friday, March 25
Week 10:
Monday, March 28: Class cancelled
Wednesday, March 30: The Constitutional Avoidance Doctrine: Read NLRB v. Catholic Bishop; Questions to Think About
Asynchronous Class - complete by Friday, April 8: Federalism Canon: Read Gregory v. Ashcroft; Watch Federalism Canon - Part 1 Video; Federalism Canon - Part 2 Video; Federalism Canon - Part 3 Video
Week 11:
Monday, April 4: Similar Statutes, Borrowed Statutes, and Subsequent Statutes: Pages 317-327; Problem 11-1; Questions to Think About
Wednesday, April 6: Conflicting Statutes (Subsequent Statutes and Implied Repeal): Pages 363-370; Problem 13-1; Questions to Think About
Week 12:
Monday, April 11: Introduction to Agencies: Administrative Law Chapter of Wetlands Book, Read Pages 1-16; CALI on the Basic Structure of the Federal Administrative Procedure Act (as preparation for this class). - Run the lesson from https://www.cali.org/lessonlink/366/ADM06/8534/jq; Questions to Think About
Wednesday, April 13: Agencies, Law-Making and the Non-Delegation Doctrine: Read ALA Schecther Poultry v. United States and accompanying NIRA provisions; Whitman v. American Trucking; Questions to Think About
Week 13:
Monday, April 18: Chevron and Judicial Review: Read 509-512; Problem 17-1; Questions to Think About
Wednesday, April 20: Chevron's scope: Read Skidmore v. Swift; Read Pages 515-522 in Hricik/Jellum book; Problem 17-2; Questions to Think About
Week 14:
Monday, April 25: Agency Deference to Judicial Interpretation; Legislative Inaction Following Agency Interpretation: Pages 533-538; 270 - 276; Questions to Think About
Wednesday, April 27: Exam Review - Review Question 1
Exam Period:
Wednesday, May 4: Final Exam
Week 1:
Wednesday, January 19: The Legislative Process: Post Introductory Video or Audio Clip to Canvas before the first class meeting per the Assignment Instructions on Canvas; Read Pages 24-29 of The Legislative Process handout; Skim pages 18-24 of The Legislative Process handout; Questions to Think About
Week 2:
Monday, January 24: The Legislative Process (continued): Read Pages 1-14 of The Legislative Process handout; Problem 1-1 on page 12 of the Hricik/Jellum book; CALI exercise on The Legislative Process - https://www.cali.org/lessonlink/19041/SPL/8534/jq (due Monday, January 31 before class); Questions to Think About
Wednesday, January 26: Legislative History: Read Pages 222-232 of Hricik/Jellum book; 70-74 of Theories of Interpretation handout; Questions to Think About
Week 3:
Monday, January 31: Sources for Interpretation / Theories of Interpretation: Read pages 33-35 in Hricik/Jellum book; 1-18 of Theories of Interpretation handout; Legislative History Research Assignment Due - Questions 1, 3, & 5 on pages 14 and 15 of The Legislative Process handout (upload to Canvas) (I have prepared a video on searching Congress.gov as optional background for the research assignment); Questions to Think About
Wednesday, February 2: Theories of Interpretation - Purposivism: Read pages 19-34 of Theories of Interpretation handout; Problem 10-2 in Hricik/Jellum book; Questions to Think About
Week 4:
Monday, February 7: Theories of Interpretation - Other theories: Read pages 53-66 of Theories of Interpretation handout; Skim HLR Handout; CALI exercise on Theories of Interpretation - https://www.cali.org/lessonlink/19068/SPL/8534/jq (due Monday, February 14 before class); Questions to Think About
Wednesday, February 9: Plain Meaning - Ordinary Meaning: Read pages 73-82; Problem 3-1; Questions to Think About
Week 5:
Monday, February 14: Plain Meaning - Technical Meaning: Read pages 82-84; 87-92; Problem 3-2; Questions to Think About
Wednesday, February 16: Plain Meaning - Ambiguity: Read pages 93-101; Problem 4-1; Questions to Think About
Week 6:
Monday, February 21: Plain Meaning - Absurd Results: Read pages 102-108; 115-119; Problem 4-2; Questions to Think About
Wednesday, February 23: Interpreting Statutes in Pari Materia - Whole Act Rule and Similar Statutes: Read pages 149-154; Smith v. Jackson; Browse Appendix A; Questions to Think About
Week 7:
Monday, February 28: Rule Against Surplusage / Noscitur a Sociis: Read pages 161, 164-172; Problem 6-2; Questions to Think About
Wednesday, March 2: Ejusdem Generis / Expressio Unius: Read pages 172-183; Problem 6-3; Questions to Think About
Week 8:
Monday, March 7: Mid-Term Exam
Wednesday, March 9: Titles and Preambles: Read pages 197-210; Questions to Think About
Week 9:
Monday, March 14: Subsequent Legislative Action: Acquiescence: Read Flood v. Kuhn; Curt Flood Act of 1998; Questions to Think About
Wednesday, March 16: Statutes in Derogation of Common Law; Remedial Statutes; Rule of Lenity: Read pages 397-403; 476-477; United States v. Thompson /Center Arms Company; Problem 16-2; Questions to Think About
Spring Break: Monday, March 21 - Friday, March 25
Week 10:
Monday, March 28: Class cancelled
Wednesday, March 30: The Constitutional Avoidance Doctrine: Read NLRB v. Catholic Bishop; Questions to Think About
Asynchronous Class - complete by Friday, April 8: Federalism Canon: Read Gregory v. Ashcroft; Watch Federalism Canon - Part 1 Video; Federalism Canon - Part 2 Video; Federalism Canon - Part 3 Video
Week 11:
Monday, April 4: Similar Statutes, Borrowed Statutes, and Subsequent Statutes: Pages 317-327; Problem 11-1; Questions to Think About
Wednesday, April 6: Conflicting Statutes (Subsequent Statutes and Implied Repeal): Pages 363-370; Problem 13-1; Questions to Think About
Week 12:
Monday, April 11: Introduction to Agencies: Administrative Law Chapter of Wetlands Book, Read Pages 1-16; CALI on the Basic Structure of the Federal Administrative Procedure Act (as preparation for this class). - Run the lesson from https://www.cali.org/lessonlink/366/ADM06/8534/jq; Questions to Think About
Wednesday, April 13: Agencies, Law-Making and the Non-Delegation Doctrine: Read ALA Schecther Poultry v. United States and accompanying NIRA provisions; Whitman v. American Trucking; Questions to Think About
Week 13:
Monday, April 18: Chevron and Judicial Review: Read 509-512; Problem 17-1; Questions to Think About
Wednesday, April 20: Chevron's scope: Read Skidmore v. Swift; Read Pages 515-522 in Hricik/Jellum book; Problem 17-2; Questions to Think About
Week 14:
Monday, April 25: Agency Deference to Judicial Interpretation; Legislative Inaction Following Agency Interpretation: Pages 533-538; 270 - 276; Questions to Think About
Wednesday, April 27: Exam Review - Review Question 1
Exam Period:
Wednesday, May 4: Final Exam
Course Requirements and Grading: Grading for the course is based on:
- Mid-term exam - multiple choice questions - closed book (20% of course grade);
- Final exam - essays - open book (80% of course grade);
- Formative assessment exercises (CALI exercises; Legislative History Research exercise) (required, but not graded numerically);
- Attendance
Learning Outcomes: By the end of this course, students should be able to (1) understand the process for enacting a law or promulgating a regulation; the canons and theories of statutory interpretation; the standard of review applied to agency interpretations of statutes and regulations; and understand and evaluate the constitutional doctrines that define the permissible structure and functioning of the executive, legislative and judicial branches of government in the enactment and interpretation of legislation (Legal Literacy; Legal Communication); (2) analyze and assess factual scenarios in accordance with applicable statutory interpretation principles to identify relevant language in statutes, alternative meanings of that language, formulate vital questions and problems regarding statutory interpretation clearly and precisely, and determine appropriate outcomes in legal proceedings involving statutory interpretation (Problem Identification; Problem Analysis; Critical Thinking); (3) identify applicable statutory 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 statutory law (Legal Communication); (5) communicate effectively and respectfully with others in solving complex problems in statutory 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