Instructor: Daniel W. Skubik, PhD JD
Office: J266 / Office Hours per schedule
Voice: 951.343.4288 / Fax: 951.343.4520
Web: http://www.calbaptist.edu/dskubik
E-Mail: dskubik@calbaptist.edu

 

Administrative Law & Bureaucracy

POL 453
Tuesdays/Thursdays, 12:30-1:50PM

California Baptist University
Spring Semester, 2010

 

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 America. This includes an overview of the administrative process, a discussion of administrative power, and bureaucratic organization. The course also explores the steps, stages, and participants of the administrative process, such as delegation of authority, administrative rulemaking, agency adjudication, and judicial review. The course includes discussion of tort liability and sovereign immunity, the relationship between the bureaucracy and other branches of government, and administrative reform.

 

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, and can be applied to the pre-law concentration, or general education requirements for approved students.

 

 

Required Texts

Christine Harrington & Leif Carter, Administrative Law and Politics: Cases & Comments 4th edition (CQ Press, 2009)  [H&C]

Peter Strauss (ed.), Administrative Law Stories (Foundation Press, 2006)  [Strauss]

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
  (Jan 7)

  Introduction to course, requirements and expectations
  Introduction to admin law studies

  Week #2
  (Jan 12/14)

  H&C, ch. 1
  Quiz #1

  Week #3
  (Jan 19/21)

  H&C, ch. 2
  Farina on Mathews v. Eldrigde in Strauss (at pp. 228-257)

  Week #4
  (Jan 26/28)

  H&C, ch. 3
  Quiz #2

  Week #5
  (Feb 2/4)

  H&C, ch. 4

  Week #6
  (Feb 9/11)

  H&C, ch. 5
  Quiz #3

  Week #7
  (Feb 16/18)

  H&C, ch. 6

  Week #8
  (Feb 23/25)

  H&C, ch. 7

  Week #9
  (Mar 2/4)

  Midterms week [date of midterm to be decided by class consensus or vote;
  other day will be free for review and study]

  Week #10
  (Mar 9/11)

  H&C, ch. 8
  Metzger on Vermont Yankee in Strauss (at pp. 124-167)     /     Quiz #4

  Week #11
  (Mar 16/18)

  Spring Break

  Week # 12
  (Mar 23/25)

  H&C, ch. 9 

  Week #13
  (Mar 30 / Apr 1)

  H&C, ch. 10  /  Quiz #5
  1st – Easter Break; no class meeting

  Week #14
  (Apr 6/8)

  H&C, ch. 10
  8th  – Reflective Thought Paper due by 11:59PM for extra credit

  Week #15
  (Apr 13/15)

  H&C, ch. 11  /     Quiz #6
  15th – no class meeting

  Week #16
  (Apr 20)

  H&C, ch. 11 & Review for final
  Reflective Thought Paper due by 11:59PM

  Tuesday, Apr 27

  Final Examination period, as set by University
  11:00am – 1:00pm 

 

Assessment & Grading Scale

  Reflective Thought Paper = 25%

  90 - 100 = A range  (90-94 = A-)

  Midterm Exam = 20%

  80 - 89 = B range  (80-83 = B-  /  87-89 = B+)

  Quizzes = 25% (5 @ 5% each)

  70 - 79 = C range  (70-73 = C-  /  77-79 = C+)

  Participation = 5%

  60 - 69 = D range  (60-63 = D-  /  67-69 = D+)

  Final Exam = 25%

  0 - 59 = F

 

Reflective Thought Paper

An individual reflective thought paper will be prepared on an arranged case study, running ~2400 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 three (3) students may elect to write on any given case (first come, first served).

 

To prepare your paper, read the full case involved. (Our texts contain 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 Blackboard (Bb) no later than 11:59PM, Apr 20th. Extra credit (4%) can be earned for early submission to Bb, no later than 11:59PM, Apr 8th.

 

 

Quizzes

 

There will be six (6) quizzes given during the term, five (5) of which count towards your final grade for the course (i.e. the lowest grade 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, short answer, etc), concerning material most recently covered in the previous class session or relating to material to be covered that day. The class will usually be told or asked which day of the week is to be set for a quiz; but prior notice is not guaranteed.

 

 

Midterm and Final Examinations

Midterm and final examinations will be given on the dates noted in the syllabus. Each exam covers all materials and discussions assigned during their respective periods of study (midterm = weeks 1-8; final = weeks 10-16).

Specific guidance as to length and specific requirements will be proffered before the test dates. 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, 5% 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 24 scheduled regular class sessions, and you are required to attend at least 18 class sessions (~75%). Should you miss more than 6 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 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 University 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.