Statutory Law and Analysis - Spring 2025
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 14: 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
Thursday, January 16: The Legislative Process (continued): Read Pages 58-72; CALI exercise on The Legislative Process (due Thursday, January 23, before class); Legislative History Assignment on Canvas (due Thursday, January 23, before class); Questions to Think About
Week 2:
Tuesday, January 21: Sources of Interpretation/Theories of Interpretation - Textualism: Read Pages 92-110; 167; Skim pages 162-166; Watch Legislative History Video; Questions to Think About
Thursday, January 23: Theories of Interpretation - Purposivism: Read pages 110-126; Problem on Purposivism; Questions to Think About
Week 3:
Tuesday, January 28: Asynchronous Module on Other Theories of Interpretation on Canvas - due before class begins on Thursday, January 30
Thursday, January 30: Ordinary Meaning/Dictionary Definitions: Skim pages 167-171; Watch Video on Canons; Read pages 172-189; Problem 4-1.A. on page 206 (Ignore the transportation sector definition); Questions to Think About
Week 4:
Tuesday, February 4: Plain Meaning - Technical Meaning: Read pages 196-205; Problem 4-1.A. & B.; Questions to Think About
Thursday, February 6: Asynchronous Module on Ambiguity on Canvas - due before class begins on Tuesday, February 11
Week 5:
Tuesday, February 11: Absurd Result / Scrivener's Error: Read pages 221-230; Problem 4-2 on page 236; Skim pages 230-231; Questions to Think About
Thursday, February 13: Asynchronous Module on Punctuation Canons on Canvas - due before class begins on Tuesday, February 18
Week 6:
Tuesday, February 18: Noscitur a Sociis; Ejusdem Generis; Expressio Unius: Read pages 255-256; 260-271; Problem 4-3; Questions to Think About
Thursday, February 20: Structural Canons: Read pages 272-281; Rhyne v. K-Mart; Problem 4-4; Questions to Think About
Week 7:
Tuesday, February 25: Extrinsic Sources; Similar Statutes; Borrowed Statutes; Model Statutes: Read pages 284-300; Problem 5-1; Skim pages 301-305; Questions to Think About
Thursday, February 27: Conflicting Statutes: Read pages 307-317; Problem 5-2 on page 324; Questions to Think About
Week 8:
Tuesday, March 4: Mid-Term Exam
Thursday, March 6: Class cancelled
Week 9:
Tuesday, March 11: Stare Decisis; Legislative Acquiescence: Skim pages 325-338; Watch Video on Context of Enactment/Statutory History; Read pages 338-340; 353-366; Problem 5-3; Questions to Think About
Thursday, March 13: Asynchronous Module on Substantive Policy Canons on Canvas - due before class begins on Tuesday, March 18
Week 10:
Tuesday, March 18: Rule of Lenity: Read pages 382-395; Problem 6-2; Questions to Think About
Thursday, March 20: The Constitutional Avoidance Doctrine: Read pages 397-409; Questions to Think About
Spring Break: Monday, March 24 - Friday, March 28
Week 11:
Tuesday, April 1: Asynchronous Module on the Federalism Canon on Canvas - due before class begins on Thursday, April 3
Thursday, April 3: Introduction to Agencies: Read pages 2-5; 453-460; CALI on the Basic Structure of the Federal Administrative Procedure Act (as preparation for this class); Questions to Think About
Week 12:
Tuesday, April 8: Judicial Review - Skidmore v. Swift; Chevron v. NRDC; Read pages 461-475; Questions to Think About
Thursday, April 10: Chevron; Loper-Bright v. Raimondo: Read pages 488-502; Questions to Think About
Week 13:
Tuesday, April 15: Major Questions Doctrine: Read pages 502-516; Questions to Think About
Thursday, April 17: Exam Review - Review Question 1
Week 14:
Tuesday, April 22: Class cancelled
Exam Period:
Wednesday, April 30: Final Exam
Week 1:
Tuesday, January 14: 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
Thursday, January 16: The Legislative Process (continued): Read Pages 58-72; CALI exercise on The Legislative Process (due Thursday, January 23, before class); Legislative History Assignment on Canvas (due Thursday, January 23, before class); Questions to Think About
Week 2:
Tuesday, January 21: Sources of Interpretation/Theories of Interpretation - Textualism: Read Pages 92-110; 167; Skim pages 162-166; Watch Legislative History Video; Questions to Think About
Thursday, January 23: Theories of Interpretation - Purposivism: Read pages 110-126; Problem on Purposivism; Questions to Think About
Week 3:
Tuesday, January 28: Asynchronous Module on Other Theories of Interpretation on Canvas - due before class begins on Thursday, January 30
Thursday, January 30: Ordinary Meaning/Dictionary Definitions: Skim pages 167-171; Watch Video on Canons; Read pages 172-189; Problem 4-1.A. on page 206 (Ignore the transportation sector definition); Questions to Think About
Week 4:
Tuesday, February 4: Plain Meaning - Technical Meaning: Read pages 196-205; Problem 4-1.A. & B.; Questions to Think About
Thursday, February 6: Asynchronous Module on Ambiguity on Canvas - due before class begins on Tuesday, February 11
Week 5:
Tuesday, February 11: Absurd Result / Scrivener's Error: Read pages 221-230; Problem 4-2 on page 236; Skim pages 230-231; Questions to Think About
Thursday, February 13: Asynchronous Module on Punctuation Canons on Canvas - due before class begins on Tuesday, February 18
Week 6:
Tuesday, February 18: Noscitur a Sociis; Ejusdem Generis; Expressio Unius: Read pages 255-256; 260-271; Problem 4-3; Questions to Think About
Thursday, February 20: Structural Canons: Read pages 272-281; Rhyne v. K-Mart; Problem 4-4; Questions to Think About
Week 7:
Tuesday, February 25: Extrinsic Sources; Similar Statutes; Borrowed Statutes; Model Statutes: Read pages 284-300; Problem 5-1; Skim pages 301-305; Questions to Think About
Thursday, February 27: Conflicting Statutes: Read pages 307-317; Problem 5-2 on page 324; Questions to Think About
Week 8:
Tuesday, March 4: Mid-Term Exam
Thursday, March 6: Class cancelled
Week 9:
Tuesday, March 11: Stare Decisis; Legislative Acquiescence: Skim pages 325-338; Watch Video on Context of Enactment/Statutory History; Read pages 338-340; 353-366; Problem 5-3; Questions to Think About
Thursday, March 13: Asynchronous Module on Substantive Policy Canons on Canvas - due before class begins on Tuesday, March 18
Week 10:
Tuesday, March 18: Rule of Lenity: Read pages 382-395; Problem 6-2; Questions to Think About
Thursday, March 20: The Constitutional Avoidance Doctrine: Read pages 397-409; Questions to Think About
Spring Break: Monday, March 24 - Friday, March 28
Week 11:
Tuesday, April 1: Asynchronous Module on the Federalism Canon on Canvas - due before class begins on Thursday, April 3
Thursday, April 3: Introduction to Agencies: Read pages 2-5; 453-460; CALI on the Basic Structure of the Federal Administrative Procedure Act (as preparation for this class); Questions to Think About
Week 12:
Tuesday, April 8: Judicial Review - Skidmore v. Swift; Chevron v. NRDC; Read pages 461-475; Questions to Think About
Thursday, April 10: Chevron; Loper-Bright v. Raimondo: Read pages 488-502; Questions to Think About
Week 13:
Tuesday, April 15: Major Questions Doctrine: Read pages 502-516; Questions to Think About
Thursday, April 17: Exam Review - Review Question 1
Week 14:
Tuesday, April 22: Class cancelled
Exam Period:
Wednesday, April 30: 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. One of the modules includes 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 28 points available for the asynchronous modules. Students must earn 20 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 17-19 points; 2 points if students earn 14-16 points; 3 points if students earn fewer than 14 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. One of the modules includes 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 28 points available for the asynchronous modules. Students must earn 20 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 17-19 points; 2 points if students earn 14-16 points; 3 points if students earn fewer than 14 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 is 1 module that includes a short essay assignment. Students earn 2 points for the assignment if the assignment is completed on-time and 1 point if the assignment is completed late. (Maximum of 2 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 )
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.