Professor Perritt

hperritt@kentlaw.edu

(312) 906-5128

Office: Room 713

Monday, Wednesday, Thursday: 1355-1450

Spring 2004

Room 270

                                                                                             

                                                                                             

Administrative Law

COURSE INFORMATION

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.