Administrative Process Syllabus

Spring 2008 [Spring 2009 will be very similar, but the book will have been revised and updated.]

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 may be particularly useful for those interested in IP, but leading cases 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. We also consider other ways to meet client needs.

II. Course Materials

A. Field, Introduction to Administrative Process (Pierce Law 2008). It is sold at Town & Country Reprographics, 260 N. Main St., Concord. The book is also online, but it is a large file.
B. Some may find the administrative law Nutshell, Concepts and Insights, or Examples and Explanations helpful. All are of similar scope but vary in length and style.

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 may be "disenrolled" without further warning.

IV. Methodology

A. Student briefs & open discussion.
B. Short assignments are intended to foster thoughtful preparation and discussion.

V. Evaluation

A. Final exam -- 70%. Open book, but laptops may not be used. [Old exams are online.]
B. Quizzes -- 30%. Open book; laptops may be used.
Quizzes are conducted in the last ten minutes of odd-numbered classes, marked (<) below. They will cover all material since the previous quiz.
People may leave (quietly) ten minutes after quizzes begin; those who remain may have an extra five minutes.
Only the ten highest quiz scores count. A research memo [class 15] counts as two.
Dropped quizzes cover legitimate absences. Make-ups are not possible.

VI. Assignments (by class)

1 & 2 -- Preface; General overview, pp. iii; 1.1-15; skim APA secs. 701-06 (end of book)
3< -- Overview of adjudication, pp. 2.1-17, APA sec. 554(a), skim APA secs. 556-57
4 -- Con'd; Jurisdiction, pp. 2.18-32; 3.1-4; skim APA sec. 551(1)
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 disposition, 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; Rulemaking options, pp. 7.19-34, 8.1-6
15< -- Con'd, 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< -- Con'd; FOIA, pp. 13.1-15
26 -- Con'd, pp. 13.16-26
27< -- Overflow, Review