Administrative Process

Syllabus

Tom Field --- Spring 2008

Prerequisites: Students who have not studied U.S. constitutional law and civil procedure need a waiver to take this course.

I. Objectives

I regard this course as the most important I teach (or have taught). The course is particularly useful for those interested in IP, but key cases unavoidably cover diverse substantive areas.

Because one can practice little law without encountering bureaucracies, the primary goal is to explore what agencies do (prosecution, adjudication and rule making) and how they do it.

Another major goal is to consider rights to, timing and scope of, and authority for substantive and procedural judicial review -- as well as less expensive ways to serve client needs.

II. Course Materials

A. Field, Introduction to Administrative Process (Pierce Law 2008). It is online at www.piercelaw.edu/tfield/aprobk.pdf, and may be purchased at Town & Country Reprographics, 230 N. Main St., Concord.

B. Some may find Concepts & Insights, Examples & Explanations, or the Nutshell helpful; none is required.

III. Preparation and Attendance

Preparation is assumed. Students are called on to brief cases, but voluntary participation is encouraged. Anyone who misses more than two quizzes without medical documentation will be "disenrolled" without further warning.

IV. Methodology

A. Student briefs and open discussion.

B. Short assignments are intended to foster thoughtful preparation and discussion.

V. Evaluation

A. Final Exam. Open book -- 70%. Laptops may not be used. See prior exams.

B. Quizzes. Open book -- 30%. Laptops may be used. See 1998 Samples; 2000 Samples

-- Only the ten highest quiz scores count. The research memo [due by Class 15] counts as two quizzes.

-- Dropped quizzes cover legitimate absences. Make-ups are not possible.

-- Quizzes are conducted in the last ten minutes of odd-numbered classes flagged below. They will cover all material since the previous quiz. People will be allowed to leave quietly ten minutes after the quiz begins; those who remain will be allowed an extra five minutes.

VI. Assignments

Class             Assignment
1 & 2         Preface and General Overview, pp. iii and 1.1-15, skim APA §§ 701-06 --  at end of book).
              See this re Overton Park (taken in Aug. 2005).
3^*            Overview of adjudication, pp. 2.1-17, APA § 554(a), skim APA §§ 556- 57
4             Con'd; Jurisdiction pp. 2.18-32; 3.1-4, skim § 551
5^*            Con'd, pp. 3.4-23
6             Con'd; Primary Jurisdiction, pp. 3.24-36, 4.1-3 
7^*            Con'd; Timing of review, pp. 4.4-21
8             Con'd; Standing, pp. 4.21-40
9^*             Reviewing adjudicative merits, pp. 5.1-18
10            Con'd; Reviewing dispositions, pp. 5.19-41
11^*           Decision makers, pp. 6.1-18
12            Con'd, pp. 6.18-36
13^*           Reviewing Adjudicative Processes, pp. 7.1-18
14            Oral hearings, pp. 7.19-34, 8.1-6
15^*            Rulemaking options, pp. 8.6-24 (research memos due)
16           Formal vs. informal rulemaking, pp. 8.25-46
17^*            Rulemaking boundaries, pp. 9.1-18
18           Con'd; Timing revisited, pp. 9.18-30, 10.1-6
19^*            Con'd; Standing revisited, pp. 10.6-24
20           Other requisites to review; Delegation, pp. 10.25-31, 11.1-15 (middle of case)
21^*            Con'd, pp. 11.15-28 (be sure to finish case)
22           Other political involvement; Public participation, pp. 11.29-47
23^*            Reviewing rules, pp. 12.1-17
24           Con'd, pp. 12.17-36
25^*            FOIA, pp. 13.1-15
26           Con'd, pp. 13.16-26
27^*            Overflow; Review

* Classes that end with a quiz.

Lighter discussions of possible interest concern the two new elements "governmentium" and "administratium" and the failure of beavers to secure a permit before building their dam.

Course Outline
Field's Exams
Field's course page

Modified Jan. 4, 2008
URL:http://www.piercelaw.edu/tfield/aprosyl.htm