COURSE CONTENT

Administrative Law is a three-credit one semester course in the law of administrative agencies.

REQUIRED COURSE MATERIALS

· Mashaw, Merrill & Shane, Administrative Law: The American Public Law System (5th edition 2003)

· Supplementary materials available on the Website. www.kentlaw.edu/perritt/courses/admin.

SYLLABUS

Date	Unit	Subject	Assignment (pages in Mashaw, Merrill & Shane)
		INTRODUCTION
21 Jan	1	Evaluating governmental conduct – state/local inspection	Inspection problem; related materials on Web for first day
22 Jan	2	Architecture of administrative law, critique & reform	1-29, 37-58; APA § 551(1) (casebook p1237)
		CONGRESS
26 Jan	3	Role of statutes, delegation doctrine	59-78; language for hypo
28 Jan	4	Vague statutes	79-94
29 Jan	5	Legislative veto	94-114
2 Feb	6	Delegation of adjudicatory authority	114-127
4 Feb	7	Statutory precision; irrebuttable presumptions	127-134
5 Feb	8	Delaney Clause	134-154
9 Feb	9	“Muscle,” and other techniques of control	154-181
		THE PRESIDENT
11 Feb	10	Executive supervision; Appointment Power	182-202
12 Feb	11	same	202-220
16 Feb	12	Congressional power over appointments	220-255
18 Feb	13	Other techniques of executive control	255-267
		AGENCY ADJUDICATION
19 Feb	14	Introduction, Judge Friendly’s list, Goldberg v. Kelly: the “shopping list”	312-337 Hypothetical statute
23 Feb	15	Mathews v. Eldridge: the “recipe”	337-351
25 Feb	16	Professionalism Day
26 Feb	17	Interests protected	351-367
1 Mar	18	Attempts to integrate Procedural Due Process requirements	367-386
3 Mar	19	Federal statutory hearing requirements	386-402; comparison of procedural due process, APA requirements and Fed.R.Civ.P.--chart
4 Mar		No class
8 Mar	20	Formal adjudication	407-425; APA §§ 554-557
10 Mar	21	Controlling adjudication through rulemaking; ADR	451-473; 619-623; basic hypo; fuel consumption chart (for class)
11 Mar	23	MID-TERM REVIEW	Lecture (review notes and assignments preceding this class)
		AGENCY RULEMAKING
22 Mar	24	Introduction & authority to make rules	474-488; Do Not Call List litigation
24 Mar	25	Rulemaking procedure	488-493; APA §553
25 Mar	26	Substantive review	493-512
29 Mar	27	same	512-534
31 Mar	28	Notice and comment (informal rulemaking)	535-548; APA § 553
1 Apr	29	Hearings in informal rulemaking	548-558
5 Apr	30	Ex-parte contacts; bias	558-584
7 Apr	31	Rulemaking through adjudication	601-612
8 Apr	33	Negotiated rulemaking	634-641
		JUDICIAL REVIEW
12 Apr	33	Introduction & scope of review	779-795
14 Apr	34	Interpretation of law	795-823
15 Apr	35	Findings of fact	823-845
19 Apr	36	Fact, law and policy	845-872
21 Apr	37	Availability of judicial review	873-893
22 Apr	38	Constitutionality of foreclosing review	893-909
26 Apr	39	Review of agency inaction	909-934
27 Apr	40	Makeup Class, 1200-1250, Room 270 Timing of review	947-961
28 Apr	41	Ripeness	961-978
29 Apr	42	Exhaustion	978-993
3 May	43	Actions for damages	1087-1095; 1099-1109; 1130-1140; 1142-1153 Anonymous course evaluation forms will be distributed 10 minutes before normal end of class
4 May	44	REVIEW	Lecture (review all notes and assignments)

RECOMMENDED SECONDARY MATERIALS

Gilbert Law Summary: Administrative Law (http://www.gilbertlaw.com/bookstore/summaries.asp)

FINAL EXAMINATION

The final examination in this course will be given on Friday, 14 May 2004, at 1:15 PM and at no other time. It will last three hours.

In the final examination, you are responsible for all the materials discussed in class and in the assigned readings. Obviously, the examination cannot touch upon all that material, but anything we do in class, and anything in the assigned readings may be tested. You may bring any materials, whether commercially prepared or not, to the final exam, but successful performance on the exam will not require original research. Prepare for the exam as though it were “closed-book.”

ATTENDANCE

Much of the material and most of the legal analysis in this course is not contained in the assigned readings. Consequently, class attendance is an indispensable part of the course. Failure to attend regularly will result in exclusion from the course and a grade of “E.” Sporadic absences will result in a lowering of your grade, in the discretion of the instructor. The instructor reserves the discretion to determine what constitutes “regularly” and “sporadic.” The only safe course is to attend every class.

TARDINESS

I strongly discourage tardiness and reserve the power to lower your grade for tardiness.

HATS

Do not wear hats in class.

WANDERING IN AND OUT OF CLASS

Once you are present in the classroom, please stay there, unless you have a genuine emergency. If an emergency requires you to leave the classroom, do not return.

CLASS PARTICIPATION

I teach “Socratically.” Every student is expected to be prepared in every class. Any student may be called on at any time. Volunteering is encouraged. There is no “right” answer; only cogent and persuasive arguments, backed up by legitimate legal authority.

FINAL GRADE

Your final grade will be determined by how well you do on the final exam, except that I reserve the power to decrease your final grade by one-half of a grade (e.g. A to A- or B- to C+) for unsatisfactory classroom participation, excessive absence or tardiness. I also reserve the power to increase your final grade by one-half of a grade for outstanding classroom participation.

OFFICE HOURS & APPOINTMENTS

I welcome interaction with students. I will be happy to make an appointment to see any of you individually or in groups. I do not have specific office hours. If you want to meet, please set up an appointment by emailing me at hperritt@kentlaw.edu, calling me at (312) 906-5098, calling my assistant, Ms Patricia O’Neal at (312) 906-5128, or by seeing me before or after class.

WEBSITE

http://www.kentlaw.edu/perritt/courses/admin

The Website contains the syllabus, supplementary materials, old exams and model answers. Please check the Website regularly, particularly before you begin preparing for a particular class and again before coming to class. I will update it regularly. Note that course coverage probably was materially different in years for which exams and model exams are published.

E-MAIL

I may communicate with you by e-mail at any time throughout the semester. Check your e-mail regularly. If you would like to communicate with me via e-mail, please feel free to do so.