ADMINISTRATIVE LAW FALL 2009 (8/31/09)
(Note: This list is tentative and may be updated with Revised Copies)
Note regarding Course Materials: The reading assignments are from Examples & Explanations in Administrative Law (Third Edition), by William F. Funk, and Richard H. Seamon, and West Group; and Thomson Advantage Books: American Government and Politics Today, Brief Edition, 2008-2009 Steffen W. Schmidt, Mack C. Shelley, Barbara A. Bardes, ISBN: 0495751510. The Statutory Supplements can be accessed via Westlaw or Lexis, and copies are on reserve in the library. You do not have to buy the supplement.
MODULE 1: OVERVIEW OF THE GOVERNMENT AND ADMINISTRATIVE AGENCIES
This module will focus on the political process, the administrative process, the separation of powers doctrine, the delegation of authority for the three branches of government, and how each branch impact on agency decision making and function.
Part 1: Role of Government and Administrative Agencies
Week of 8/31/09
A. INTRODUCTION TO GOVERNMENT
1. Computer lab training-Report to the Library
2. Chapter 1, pp 1-23
3. Problem 1a-Rainmaking
4. Purchase License from Bookstore for Cyber Workbook Module
B. OVERVIEW OF ADMINISTRATIVE PRACTICE
1. Rulemaking: Chapter 5 pp 141-155, APA §§ 553, 556-557
2. Adjudication: Chapter 3 pp 73-86, 103-107 APA §554
3. Licensing: Chapter 3 pp 106-108, APA §§ 558
4. Executive Order 12866 Chapter 2 pp, 66-69; §§ 1-2,7
C. PRACTICES AND PROCEDURES
1. Informal Adjudication: Chapter 3 pp 73-85
2. Interpretative Rules: Chapter 5 pp156-173
3. Notice and Comment Rulemaking: Chapter 5 pp 183-191
4. Ex parte Communications & Bias: Chapter pp 193-200
5. Regulatory Flexibility Act 5 USC §§601-604
6. Negotiated Rulemaking pp 191-200
7. Cyber Workbooks Module 1.1.1-1.1.3
No class on 9/7/09
PART 2: PUBLIC ACCESS TO GOVERNMENT INFORMATION
Week of 9/8/09
A. FREEDOM OF INFORMATION ACT (FOIA)
1. Chapter pp 365-404
2. Cyber Workbooks, 1.2.1
3. Resource FOIA handout
B. PRIVACY ACT
1. Chapter pp 337-364
2. Cyber Workbooks, 1.2.2
Assignment: In preparation for your Scholarly Paper, identify a state or federal agency that has jurisdiction over a problem that you have identified to write about and write a FOIA letter requesting information that may be germane to your paper. Note that it will take about 20 days to get a response, so assume that you will be the information in time to use it in your paper.
module 2: The Politics of Government
This module focuses on the legislative process and separation of powers among the different branches of government. Students will apply these principles in the context of case studies Gays in the Military, National Standards for Voting and on Corruption in Government.
PART 1: SEPARATION OF POWER
Week of 9/14/09
A. OVERVIEW OF CONSTITUTIONAL AUTHORITY
1. Chapter 2 pp 25-42
2. Legal Counsel, Legal Memorandum, “The Constitutional Separation of Powers Between the President and Congress,” http://www.usdoj.gov/olc/delly.htm pp 1-11, 29-36
3. Computer Training (9/14/09) Strategy for Success Assignment
4. Cyber Workbooks Module 2.1.1
B. INDIVIDUAL RIGHTS AND ENTITLEMENTS
1. Schmidt , American Government and Politics, pp 66-79, 82-87
Discussion Question: Equipped only with the U.S. Constitution, which two Amendments will be most critical to help the Azorians obtain a political voice; and which branch of the U.S. government will be most important initially to the Azorians in seeking recognition as a citizen with rights and entitlements?
PART 2: THE LEGISLATURE
Week of 9/21/09
A. LEGISLATIVE AUTHORITY
1. Article I, U.S. Constitution
2. Chapter 2 pp 43-54
3. Cyber Workbooks Module 2.2.1
B. CASE STUDY: NATIONAL STANDARDS FOR VOTING
Voting Standards (Articles are available through this link or may be downloaded individually.
1. Schmidt, American Government and Politics Today, pp 181-205
2. Federal Election Commission, www.fec.gov
3. Voter Id Articles
4. Voter Id State Requirements
5. York, Byron , “X marks the spot: why old-fashioned voting may be better than modern,” 12/31/06 Nat'l Rev. 22, 2006 WLNR 22398353
6. “Comic echo of 2000 vote isn't funny,” 12/22/06 Ctr. Daily Times A12, 2006 WLNR 22349273
7. John D. Gregory, “Electronic Voting and the Law,” The Sci Tech Lawyer (Summer 2004)
Discussion Questions: Current Elections
1) What is the political process for electing executive (e.g. governor, mayor, city manager) and legislative officials, (e.g., state representatives, city council members) in the state in which you reside or intend to reside?
2) Is there an open seat, or is anyone up for reelection within the next year, what are their priorities, and what are their views on the priorities identified above? If not, what is your representative’ position on the three priorities previously identified?
Week of 9/28/09
C. IMMIGRATION REFORM
1. Ashley Pettus, “End of the Melting Pot,” Harvard Magazine p 44-53 (May-June 2007)
2. Schmidt, Politics of Government , Chapter 5: pp 94-116
3. Immigrants in Our Midst
4. National Immigration Forum
5. National Immigration Project of the National Lawyers Guild
6. American Immigration Lawyers Association
7. California Immigrant Policy Center
1) The Azorians want to attend schools on-line, so that they can understand the U.S. culture and develop marketable skills to facilitate their assimilation and/or integration into the U.S. economy. What entitlements should Azorian offspring have to the U.S. educational system and how will it relate to their permanent status in the United States? (Consider U.S. immigration model)
PART 3: THE EXECUTIVE
Week of 10/5/09
A. EXECUTIVE AUTHORITY
1. Article II, U.S. Constitution
2. Chapter 2 pp 54-69
3. Executive Orders Chapter 5 pp 202-206
4. John A. Clark, “Election 2008: An American Government Supplement”- Handout
5. Cyber Workbooks Module 2.3.1
1) Describe the tension between express and inherent authority of the executive; abuse of power; and the rights of states and individual rights? Provide an example for each. Your group should prepare a response and submit a single response.
2) Why and how did Barak Obama Win the 2008 Presidential Election?
B. ECONOMIC STIMULUS PACKAGE- ROAD TO RECOVERY ?
1. Schmidt, , Politics of Government Chapter 10, pp 240-258, 121-133, 139-143, 150-177
State of the Union-Strategy Paper
1) In what ways is President Obama’s approach to governance the same or different from former President George W. Bush, President Clinton and previous presidents. Be specific, e.g., interaction with Congress and the general public on domestic or international issues; dissemination of information to and from the White House; use of executive orders; consensus building and dispute resolution. See http://www.whitehouse.gov ; Obama Economic Stimulus
2) Identify what you think should be the top three priorities under the President Obama’s stimulus package and how would you rate the efforts of the President, Congress, and/or the state and local governments in the area where you lived before coming to law school, or where you intend to practice after law school. See www.healthreform.gov
3) Based upon your current financial and personal circumstances, what three areas will most significantly impact 1) your parents, 2) you and your contemporaries, and 3) your children or nieces and nephews. Explain your answer
Week of 10/12/09
C. STATE OF AZOR-IN SEARCH OF POLITICAL VOICE
1. Schmidt, Politics of Government: Chapter 13: pp. 316-337
Discussion Topic : Domestic Policy
1) The Azorians want to have a voice in the political process through representation in Congress and want to understand their status as citizens, immigrants or illegal aliens. They assume that for at least five years they will remain separate from the U.S. until their offspring learn the ways of our people and assume human characteristics. How would you propose that the Azorians have a political voice and exercise the right to vote? Draft a 1-page explanation of the composition and structure of the Azorians proposed local government. Include 1) What rights and privileges to pursue; 2) How to lobby to obtain those rights; and 3) What non-Azorian stakeholders or strategic partners would be critical in moving their case forward.
2) Create an organizational chart for the new Azorian Government. Use California state or City of San Diego organization chart or from some other state as a model.
PART 4: THE JUDICIARY
Week of 10/19/09
A. AVAILABILITY OF JUDICIAL REVIEW
1. Article III, U.S. Constitution
2. Reviewability: Chapter 6 pp 213-241, APA §§ 702, 704
3. Problems with Timing: Chapter 6 pp 255-278
Week of 10/26/09
B. STANDARDS FOR JUDICIAL REVIEW
1. Statutory Interpretation: Chapter 7 pp 279-321
2. Complete Cyber Workbooks Module 2.4.1
3. Effect of Decisions: Chapter 7 pp 331-333
C. CASE STUDY: ADDRESSING CORRUPTION IN GOVERNMENT
1. Independent Counsel Act, Dept. Of Justice, Office of Legal Counsel, Legal Memorandum, “The Constitutional Separation of Powers Between the President and Congress” http://www.usdoj.gov/olc/delly.htm pp 1-11, 29-36
2. Additional Articles- TBD
3. Complete CWB Modules 2.4.2
Week of 11/2/09 Articles -TBD
Exercise Draft Talking Points on how you will respond to two of the issues raised below. Explain your answer fully, using your organizational chart, course readings, and any rules that have been promulgated to deal with the issues above.
1) In what ways has your model of government achieved separation of powers as a democratic form of government?
2) What measures have been put in place to ensure accountability and prevent corruption and abuse of authority.
3) What mechanisms have been established to resolve conflicts that may arise between the interests of the Azorian people and the US national interests?
3) What benchmarks for success would be reliable and effectiveness to ensure that the goals are met in accordance with intent, expectation and obligations under the negotiated agreements.
MODULE 3: RECONCILING FEDERAL, STATE AND LOCAL AUTHORITY
This module will focus on the functions of federal government agencies, the due process protections that citizens have related to agency actions that affect their rights and benefits. Students will focus on the tension between federal, state and local laws as it relates to qualifications for admission to the bar, location of antenna towers, and restricting where sex offenders can live through zoning.
PART 1: LAND USE CONTROL
This case study will focus on the competing interests in regulating the location of antenna towers. This will be a practice session designed to familiarize students with working in small groups. Groups will be assigned to represent the Developer, Communication Providers, University of Saints, and Community Environmental Organization. The groups will develop 3 priorities that need to be addressed in any negotiated rulemaking and complete a CPS Worksheet for each group.
Week of 11/9/09
A. CASE STUDY: RECONCILING FEDERAL, STATE AND
1. Complete Cyber Workbooks 3.1.1-3.1.2
2. Negotiated Rulemaking (5 USCA 581-590)
3. Mariah E. Murphy, “A Proposal for Achieving Consistency in the Implementation of the Telecommunications Act of 1996, and Maintaining Local Land Use Laws, Omnipotent Communications Inc. v. Foster Township, 46 FS2d 396 (M.D. PA. 1999) Temple Env. L and Tech J 205-224 (Spring 2001)
4. . James Grannelli, "City Can't Bar Cell Towers on Looks Only, Court Says," LA Times (Jan. 18, 2006)
5. Andrea Alexander, “Ordinance to restrict cell towers Residential areas off limits,” 2008 WLNR 6203440 (March 26, 2008)
6. Omnipoint v. City of Scranton (36 FS2d 222 (Pa 1999))
7. Revised and Updated Regulatory Framework for Regulating Antennas on Private Property, 2008 WLNR 435982 (Jan. 4, 2008)
8. Kaung v. Board of Managers of the Biltmore Towers Condo Assoc., 2008 WL 5169511 (Dec. 10, 2008)
Week of 11/16/09
B. CASE STUDY: STATE OF AZOR
1. Ernest J. Getto, Nanotechnology, The Sci Lawyer (Summer 2009) p 6
2. Russell Korobkin, Recent Developments in the ‘Stem Cell Century’- 49 Jurimetrics 51 (Fall 2008)
Discussion Topic--CWB Module 3:
1) The Azorians want access to US land and minerals to extract for their consumption. Areas that have been targeted for cultivation have met with resistance from persons and organizations who are concerned about contamination, national security, and fear that the presence of these aliens will adversely their property values. What accommodations should the U.S. government offer to state and local governments to appease opposition to the Azorians acquisition or exploitation of the land in their communities? Negotiate and draft a 1-page MOU to states and local governments on a process to obtain approvals and resolve conflicts. Use a Negotiated Rulemaking model to resolve the issues.
2) The Azorian’s technology on stem cell regeneration and water purification are valuable intellectual property worth at least 15 billion US dollars that needs to be protected. Steps need to be taken to prevent others from stealing it once they reveal it to the U.S. government. What safeguards should be proposed to protect their mutual intellectual capital? Propose a 1-page set of rules or guidelines for a process to negotiate IP rights. Use as models current regulations for stem cell regeneration and nanotechnology.
Week of 11/30/09
PART 2: OCCUPATIONAL LICENSING
A. RIGHTS AND ENTITLEMENTS
1. Chapter 4 pp 109-139
2. Bar and Moral Fitness to Practice:. Statement On Moral Character Requirement For Admission To Practice Law In California
Revising Strategy : What modifications, if any, would you make to your Strategy for Success.
1) If you received a job offer upon graduation from a prestigious mid- size law firm, but they extended the offer a year, gave you $75,000 and told you to work in the public interest sector in some capacity, what agency, organization, or non-governmental organization would you select and why; and what would you be doing?
2) Identify 3 federal or state government agencies that are most likely to be hiring in the next 18 months and what type of positions are available?
3) What is your plan of action for getting a job prior to graduation? Identify 3 goals, objectives, and action steps to effect your plan.
LAST CLASS ON 12/2/09
FINAL PAPER DUE 12/14/09
Go to the Katrina Extra Credit