Statutory Law and Analysis - Spring 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:
Tuesday, January 16: The Legislative Process: Post Introductory Video or Audio Clip to Canvas before the first class meeting per the Assignment Instructions on Canvas; Read Pages 81-86; Skim pages 75-81; Questions to Think About
Week 2:
Monday, January 22: The Legislative Process (continued): Read Pages 58-72; CALI exercise on The Legislative Process (due Monday, January 29, before class); Legislative History Assignment on Canvas (due Monday, January 29, before class); Questions to Think About
Tuesday, January 23: Sources of Interpretation/Theories of Interpretation - Textualism: Read Pages 92-110; 167; Skim pages 162-166; Watch Legislative History Video; Questions to Think About
Week 3:
Monday, January 29: Theories of Interpretation - Purposivism: Read pages 110-126; Problem on Purposivism; Questions to Think About
Tuesday, January 30: Asynchronous Module on Other Theories of Interpretation on Canvas - due before class begins on Monday, February 5
Week 4:
Monday, February 5: Ordinary Meaning/Dictionary Definitions: Skim pages 168-171; Watch Video on Canons; Read pages 172-189; Problem 4-1.A. (Ignore the transportation sector definition); Questions to Think About
Tuesday, February 6: Plain Meaning - Technical Meaning: Read pages 196-205; Problem 4-1.A. & B.; Questions to Think About
Week 5:
Monday, February 12: Asynchronous Module on Ambiguity on Canvas - due before class begins on Tuesday, February 13
Tuesday, February 13: Absurd Result / Scrivener's Error: Read pages 221-230; Problem 4-2; Skim pages 230-231; Questions to Think About
Week 6:
Monday, February 19: Asynchronous Module on Punctuation Canons on Canvas - due before class begins on Tuesday, February 20
Tuesday, February 20: Noscitur a Sociis; Ejusdem Generis; Expressio Unius: Read pages 254-256; 260-270; Problem 4-3; Questions to Think About
Week 7:
Monday, February 26: Structural Canons: Read pages 272-281; Rhyne v. K-Mart; Problem 4-4; Questions to Think About
Tuesday, February 27: Extrinsic Sources; Similar Statutes; Borrowed Statutes; Model Statutes: Read pages 284-300; Problem 5-1; Skim pages 301-305; Questions to Think About
Week 8:
Monday, March 4: Conflicting Statutes: Read pages 306-317; Problem 5-2; Questions to Think About
Tuesday, March 5: Mid-Term Exam
Week 9:
Monday, March 11: Class cancelled
Tuesday, March 12: Stare Decisis; Legislative Acquiescence: Skim pages 325-338; Watch Video on Context of Enactment/Statutory History; Read pages 338-340; 354-366; Problem 5-3; Questions to Think About
Week 10:
Monday, March 18: Asynchronous Module on Substantive Policy Canons on Canvas - due before class begins on Tuesday, March 19
Tuesday, March 19: Rule of Lenity: Read pages 382-395; Problem 6-2; Questions to Think About
Spring Break: Monday, March 25 - Friday, March 29
Week 11:
Monday, April 1: The Constitutional Avoidance Doctrine: Read pages 397-408; Questions to Think About
Tuesday, April 2: Asynchronous Module on the Federalism Canon on Canvas - due before class begins on Monday, April 8
Week 12:
Monday, April 8: Introduction to Agencies: Read pages 2-5; 452-458; CALI on the Basic Structure of the Federal Administrative Procedure Act (as preparation for this class); Questions to Think About
Tuesday, April 9: Chevron and Judicial Review; Read pages 466-477; Problem 7-3; Questions to Think About
Week 13:
Monday, April 15: Chevron's Scope: Read pages 462-466; 480-491; Problem 7-4; Questions to Think About
Tuesday, April 16: Brand X; Major Questions Doctrine: Read pages 494-502; 505-519; Questions to Think About
Week 14:
Monday, April 22: Exam Review - Review Question 1
Tuesday, April 23: Class cancelled
Exam Period:
Friday, May 3: Final Exam
Week 1:
Tuesday, January 16: The Legislative Process: Post Introductory Video or Audio Clip to Canvas before the first class meeting per the Assignment Instructions on Canvas; Read Pages 81-86; Skim pages 75-81; Questions to Think About
Week 2:
Monday, January 22: The Legislative Process (continued): Read Pages 58-72; CALI exercise on The Legislative Process (due Monday, January 29, before class); Legislative History Assignment on Canvas (due Monday, January 29, before class); Questions to Think About
Tuesday, January 23: Sources of Interpretation/Theories of Interpretation - Textualism: Read Pages 92-110; 167; Skim pages 162-166; Watch Legislative History Video; Questions to Think About
Week 3:
Monday, January 29: Theories of Interpretation - Purposivism: Read pages 110-126; Problem on Purposivism; Questions to Think About
Tuesday, January 30: Asynchronous Module on Other Theories of Interpretation on Canvas - due before class begins on Monday, February 5
Week 4:
Monday, February 5: Ordinary Meaning/Dictionary Definitions: Skim pages 168-171; Watch Video on Canons; Read pages 172-189; Problem 4-1.A. (Ignore the transportation sector definition); Questions to Think About
Tuesday, February 6: Plain Meaning - Technical Meaning: Read pages 196-205; Problem 4-1.A. & B.; Questions to Think About
Week 5:
Monday, February 12: Asynchronous Module on Ambiguity on Canvas - due before class begins on Tuesday, February 13
Tuesday, February 13: Absurd Result / Scrivener's Error: Read pages 221-230; Problem 4-2; Skim pages 230-231; Questions to Think About
Week 6:
Monday, February 19: Asynchronous Module on Punctuation Canons on Canvas - due before class begins on Tuesday, February 20
Tuesday, February 20: Noscitur a Sociis; Ejusdem Generis; Expressio Unius: Read pages 254-256; 260-270; Problem 4-3; Questions to Think About
Week 7:
Monday, February 26: Structural Canons: Read pages 272-281; Rhyne v. K-Mart; Problem 4-4; Questions to Think About
Tuesday, February 27: Extrinsic Sources; Similar Statutes; Borrowed Statutes; Model Statutes: Read pages 284-300; Problem 5-1; Skim pages 301-305; Questions to Think About
Week 8:
Monday, March 4: Conflicting Statutes: Read pages 306-317; Problem 5-2; Questions to Think About
Tuesday, March 5: Mid-Term Exam
Week 9:
Monday, March 11: Class cancelled
Tuesday, March 12: Stare Decisis; Legislative Acquiescence: Skim pages 325-338; Watch Video on Context of Enactment/Statutory History; Read pages 338-340; 354-366; Problem 5-3; Questions to Think About
Week 10:
Monday, March 18: Asynchronous Module on Substantive Policy Canons on Canvas - due before class begins on Tuesday, March 19
Tuesday, March 19: Rule of Lenity: Read pages 382-395; Problem 6-2; Questions to Think About
Spring Break: Monday, March 25 - Friday, March 29
Week 11:
Monday, April 1: The Constitutional Avoidance Doctrine: Read pages 397-408; Questions to Think About
Tuesday, April 2: Asynchronous Module on the Federalism Canon on Canvas - due before class begins on Monday, April 8
Week 12:
Monday, April 8: Introduction to Agencies: Read pages 2-5; 452-458; CALI on the Basic Structure of the Federal Administrative Procedure Act (as preparation for this class); Questions to Think About
Tuesday, April 9: Chevron and Judicial Review; Read pages 466-477; Problem 7-3; Questions to Think About
Week 13:
Monday, April 15: Chevron's Scope: Read pages 462-466; 480-491; Problem 7-4; Questions to Think About
Tuesday, April 16: Brand X; Major Questions Doctrine: Read pages 494-502; 505-519; Questions to Think About
Week 14:
Monday, April 22: Exam Review - Review Question 1
Tuesday, April 23: Class cancelled
Exam Period:
Friday, May 3: Final Exam
Course Requirements and Grading: Grading for the course is based on:
Asynchronous Modules: Five class meetings for this course are 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 fourth class “meeting” for the semester is an asynchronous meeting, the fifth class meeting will likely present material that builds on the material presented in the fourth class. For that reason, it is imperative that you complete each asynchronous course module by the deadline for the module.
Each of the 5 asynchronous modules includes (1) reading assignments; (2) 2 or 3 videos to watch; and (3) 1 or 2 short CALI exercises to complete. Two of the modules include an additional assignment requiring students to answer questions in short essay form.
"Grading" for the asynchronous modules is based 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 module that includes that assignment, 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 of 30 points available for the asynchronous modules. Students must earn 21 points to "satisfactorily complete" the asynchronous modules. If students do not "satisfactorily complete" the asynchronous modules, their final course grade will be reduced by the following number of points: 1 point if students earn 18-20 points; 2 points if students earn 15-17 points; 3 points if students earn fewer than 15 points. Points for the asynchronous modules are earned as follows:
In addition to the CALI exercises in the asynchronous modules, students must complete two additional CALI exercises that will be assigned. The exercises should be completed through the Lesson Link on the syllabus above.
- Mid-term exam - multiple choice questions - closed book (30% of course grade);
- Final exam - essays - open book (70% of course grade);
- Formative assessment exercises (CALI exercises; Legislative History Research exercise) (required, but not graded numerically);
- Satisfactory Completion of all Asynchronous Modules;
- Attendance
Asynchronous Modules: Five class meetings for this course are 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 fourth class “meeting” for the semester is an asynchronous meeting, the fifth class meeting will likely present material that builds on the material presented in the fourth class. For that reason, it is imperative that you complete each asynchronous course module by the deadline for the module.
Each of the 5 asynchronous modules includes (1) reading assignments; (2) 2 or 3 videos to watch; and (3) 1 or 2 short CALI exercises to complete. Two of the modules include an additional assignment requiring students to answer questions in short essay form.
"Grading" for the asynchronous modules is based 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 module that includes that assignment, 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 of 30 points available for the asynchronous modules. Students must earn 21 points to "satisfactorily complete" the asynchronous modules. If students do not "satisfactorily complete" the asynchronous modules, their final course grade will be reduced by the following number of points: 1 point if students earn 18-20 points; 2 points if students earn 15-17 points; 3 points if students earn fewer than 15 points. Points for the asynchronous modules are earned as follows:
- Completion of modules - 2 points for on-time completion of each module; 1 point for late completion of each module (Maximum of 10 points for the 5 modules).
- Completion of CALI exercises - 2 points for each CALI exercise completed on-time; 1 point for each CALI exercise completed late (Maximum of 16 points for the 8 CALI exercises);
- Completion of short essay assignments in the modules - There are 2 modules that includes short essay assignments. Students earn 2 points for each assignment if the assignment is completed on-time and 1 point if the assignment is completed late. (Maximum of 4 points for the assignments).
In addition to the CALI exercises in the asynchronous modules, students must complete two additional CALI exercises that will be assigned. The exercises should be completed through the Lesson Link on the syllabus above.
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 )
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
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.
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.
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.
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
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.
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.
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.