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,
California Baptist University
Spring Semester (Mar/Apr), 2007
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
J. Mashaw, R.
Merrill, & P. Shane, Administrative
Law: The American Public Law System 5th edition (Thomson West,
2003)
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 268-311 |
|
Week #3 |
Read & Discuss 312-351, and |
|
Week #4 |
Read & Discuss 425-451 & 460-473;
and |
|
Week #5 |
Read & Discuss 535-557 & 598-623;
and |
|
Week #6 |
Read & Discuss 681-741 & 753-764 |
|
Week #7 |
Read & Discuss 779-795, 845-895, & 909-922 |
|
Week #8 |
Skim & Discuss 1087-1130, 1179-1187,
& 1223-1268 |
|
Week #9 |
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% (6 @ 5% 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; 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 Turnitin (through Blackboard) no later than
Quizzes
There will be 6 quizzes given during the term that
will count towards your final grade for the course. 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.
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 (plus the final exam evening), 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: 2006-2007 Undergraduate Catalog, at p.80
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.