Administrative Law

LAWS 531

Summer 2010

Professor

Time/Location

Office Hours

Contact Information

Jack Baldwin LeClair

Monday through Thursday, 6:00-9:30 PM

by appointment

Tel: 973.655.7953

MA, Ed.S, J.D

Partridge 214

and as  posted

Law Office: 201.213.9600

Theorist and Practitioner

Fax: 973.655.7951

email: leclairj@mail.montclair.edu

 

Materials and Resources

Required Reading

F: = Fox, William F. Understanding Administrative Law (New York: Matthew Bender, 20XX)

I: = ICLE: Administrative Law, Practical Skills Series, (New Brunswick, NJ: NJICLE, 20XX)

Other Reading

As posted on the syllabus or BlackBoard.

Blackboard

Referred to as Bb - See readings at http://montclair.blackboard.com

Grading

Midterm Examination

35%

Final Examination

35%

Classroom Participation

20%

Paper, Homework, and Lab Assignments

10%

 


PURPOSE OF THIS COURSE

This course is taught at several levels: graduate, undergraduate, and paralegal. Students must read the assignments prior to class, come prepared to discuss the issues intelligently, participate in class discussions, and be prepared to apply their knowledge creatively to problems assigned in class. The purpose of the course and its rules are as follows - being a Trekker helps:

  1. To boldly go where no course on law has gone before.
  2. To develop an understanding of command of administrative procedure
  3. To develop an understanding of the evolution of administrative law at the state, federal and international levels..
  4. To view the various refractions of future administrative law and procedure
  5. To expand conceptions of social justice, global legal consciousness, and and legal resolution using various tools of legal reasoning.

NOTES

  1. Reading assignments must be prepared in advance of the class meeting date.
  2. Not all course material is covered in the text. Examinations may include material covered by lecture, class discussion, handouts, demonstrations or lab sessions in addition to assigned readings.
  3. There will be no makeup examinations.(1)
  4. Class attendance is mandatory and class participation will be rewarded.
  5. Recommended reference books and supplemental reading materials will be assigned.
  6. Students are encouraged to work cooperatively.
  7. DO NOT FAX ASSIGNMENTS UNDER ANY CIRCUMSTANCES.

TOPICS AND ASSIGNMENTS

All assigned chapters refer to the text. Specific assignments within the pages assigned may be announced in class. All topics will be covered on a flexible schedule depending on the needs of the class, and other factors. Preliminary dates are provided.

DATE/ TOPIC / SYNOPSIS/ ASSIGNMENT

PART I - The Federal Matrix of Administrative Law and Agencies

 05.17.10

Historical Context of Admin Law

Social motivation and legal motivation explored.

 

 05.18.10

Introduction to administrative Law  

F: Ch1

 05.19.10

Legistlative Controls and Delegation

Oversight

F: Ch2

 05.20.10

Executive and internal control - Guess which branch

Politics and strange bed fellows

F: Ch3

 05.24.10

 

.Flexing muscles

 

Subpoenas, discovery, inspections etc.

F: Ch4

 05.25.10

 

Agency decisionmaking

 

Goldberg v. Kelly // Due Process

F: Ch5

 05.26.10

 

The choice between rule and order;

MIDTERM EXAMINATION Posted

 

 

F: Ch6

05.27.10

NO CLASS WORK ON EXAM

NO CLASS WORK ON EXAM

NO CLASS WORK ON EXAM

 

PART II - State Administrative Law

05.31.10

NO CLASS - MEMORIAL DAY

 

 

 

 06.01.10

 

How rules and sausages are made; and at the state level it is messier

 

 

 

Exams Due; F:Ch7; I: Ch 1

 06.02.10

Trials under the APA

 

F: Ch8; I: Ch2

 06.03.10

Informal review and action and judicial review of agency actions

 

To be or not to be.....in the land of Abilene Cotton.

F: Ch9,10, 11; I:Ch3

06.07.10

Staying in court Abilene Cotton F: Ch12; I: Ch4

06.08.10

Review on the Mertis NLRB v. Hearst F:Ch12, 13; I: Ch5

06.10.10

Sunshine on my pillow...and the future   F:Ch14, 15; I

06.11.10

FINAL EXAMINATION    

(1) Make up exams will only be considered in the event of kidnapping, terrorist acts, national emergency, or death (yours)