Instructor: Dr. Daniel W. Skubik, PhD JD
Office: J266 /
Voice: 951.343.4288 / Fax: 951.343.4520
Web: http://www.calbaptist.edu/dskubik
E-Mail: dskubik@calbaptist.edu
Administrative
Law & Bureaucracy
POL 453 AE
Mondays,
Fall
Semester (Nov/Dec), 2009
This course in Administrative Law & Bureaucracy examines the place
and impact of executive agencies on the formation and implementation of
administrative law and regulation in
A combined socratic-seminar and projects format
will be followed, allowing students to apprehend the evolving functions
associated with administrative law, and through legal case studies to prepare
students to do politico-legal research on contentious contemporary issues.
The course is open to all students able and
willing to engage in upper division study, and can be used to fulfill political
science major or minor upper division unit requirements, or general education
requirements.
Required Texts
William Funk & Richard Seamon, Administrative
Law: Examples & Explanations 3rd edition (Aspen/Wolters Kluwer, 2009)
Peter Strauss (ed.), Administrative Law Stories (Foundation Press, 2006)
The books are readily available, new & used,
from web shops such as Amazon.com, or Barnes & Noble, as well
as from the CBU Bookstore.
Other books, handouts and
websites also may be referenced throughout the term, contents of which all
students will be responsible.
Readings & Assignments Schedule
|
Week #1 |
Introduction to course, requirements and
expectations / Intro to admin law studies |
|
Week #2 |
Read & Discuss, F&S ch. 3 |
|
Week #3 |
Read & Discuss, F&S ch. 4 |
|
Week #4 |
Read & Discuss, F&S ch. 5 |
|
Week #5 |
Read & Discuss, F&S ch. 6 |
|
Week #6 |
Read & Discuss, F&S ch. 7 |
|
Week #7 |
Read & Discuss, F&S ch.
8 and ch. 9 |
|
Week #8 |
Final Exam
|
Assessment & Grading Scale
|
Reflective Thought Paper = 30% |
90 - 100 = A range (90-94 = A-) |
|
Final Exam = 30% |
80 - 89 = B range (80-83 = B-
/ 87-89 = B+) |
|
Quizzes = 30% (5 @ 6% each) |
70 - 79 = C range (70-73 = C-
/ 77-79 = C+) |
|
Participation = 10% |
60 - 69 = D range (60-63 = D-
/ 67-69 = D+) |
|
|
0 - 59 = F |
Reflective Thought Paper
An individual reflective thought paper will be
prepared on an arranged case study, running ~2500 words ( =
~8 pages). The case will be drawn from the nine (9) stories-cases in Strauss
that we have not together read as a
class, and no more than 4 students may elect to write on any given case (first
come, first served).
To prepare your paper, read the full case involved.
(Our text contains only excerpts of some; retrieve the full case from a library
or online database.) Then read the coordinate chapter in Strauss. Now, given
what you have come to know about administrative law, discuss (1) whether the
decision was correct, (2) whether its reasoning was sound, and (3) whether the
current regulation or rule now based on this decision should continue as is or
be changed. In short, review the decision and its background, its bases, its
results, its stability, and its legitimacy.
Submission of reflective thought papers are due to the
Assignments section on Blackboard no later than midnight, Dec 14th.
Quizzes
There will be 6 quizzes given during the term, only 5
of which will count towards your final grade for the course (the lowest mark
will be dropped). Students will form small, stable study groups of 2-3 students
each by the second week of classes for the duration of the term. Quizzes will
be taken by each group as a group, with the quiz mark shared by those present
and taking the quiz on any particular class day. The quizzes are objective in
nature (true/false, multiple choice, fill-in the blank, matching, etc),
concerning material most recently covered in the previous class session or
relating to material to be covered in class that day.
Quizzes cannot be made-up, if missed. But an
alternative assignment will be permitted (assuming legitimate excuse for
absence) for one quiz beyond the one that will be dropped. This will involve
writing a 600-word review of an administrative law case not otherwise read and
discussed in class. Details of assignment will be provided if/when the need
arises.
Final Examination
A final examination will be given at the end of the term, during the
final evening of class. The exam is comprehensive, covering all materials and
discussions assigned.
Specific guidance as to length and specific requirements will be
proffered before the test date. Format generally will emphasize short answer
and essay questions, requiring application of cases, concepts and principles in
relation to the topics covered in class.
The exam is closed book/open notes. This means you are
permitted to bring to the exam one standard-sized page (8˝” x 11”) of notes you
have personally prepared, front and back, without regard to print-size or margins.
Other materials, such as website printings or professionally prepared texts or
notes, are not permitted.
Participation
Although speaking in class, publicly putting and
defending a position or interpretation, can be daunting, you are strongly
encouraged to learn to think through your own and others’ experiences and
insights within the context of our discussions. In this context, you are not
being evaluated for reaching “right” conclusions, but for demonstrating your
facility in forming arguments for any conclusions put, given the material we
will cover in class.
To give direct incentive to so engage, 10% of your
mark for the course will be comprised of my assessment of your classroom
participation during the semester. Participation is to include in-class
discussions during the term, and does not directly include attendance.
Both because of the nature of the course and its
content, and the teamwork required to complete assigned assessment items like
quizzes, attendance is expected, with a simple threshold requirement: we have 8
scheduled class sessions, and you are expected to attend at least 6 class
sessions (~75%). Should you miss more than 2 class sessions, you must speak
with me before you will be permitted to complete the course.
CBU Statement on Academic Dishonesty
Faculty in the College of Arts & Sciences (CAS)
have been asked to include the
following statement in all our syllabi. Do speak with your instructor if at any
time you have questions or concerns about this statement and its meaning for or
application in your classes.
Academic dishonesty (cheating, plagiarism, copying,
and other forms) will be reported to the Dean of Students. Judicial sanctions
for offense [sic] are handled on a case-by-case basis depending on the
seriousness of the violation, prior violations and other factors. Judicial
sanctions may include, but are not limited to, loss of a letter grade or
failure in the course in which the offense occurred, suspension, and/or
dismissal from the University. A detailed discussion of academic dishonesty is
located in the Student Handbook.
Source: 2009-2010 Undergraduate Catalog, at p.53
Caveat
This syllabus schedule is composed in good faith, with
a schedule of readings and assignments that will guide us throughout the term.
Still, the instructor reserves the right to make adjustments to this schedule
as deemed necessary for the overall enterprise of the course. Any changes will
be communicated as far in advance as feasible, and you are responsible for
knowing if and when any changes have been made.