EASTERN MICHIGAN UNIVERSITY
DEPARTMENT OF POLITICAL SCIENCE
THE AMERICAN LEGAL SYSTEM
PLSC 620—WINTER, 2014
SYLLABUS
Instructor: Mark Maironis
Office: Pray-Harrold, Room 601T
Office Phone: (734) 487-1461
E-Mail: mmaironis@emich.edu
Office hours: Noon to 2:00 p.m.. Monday and Wednesday,
5:00 to 6:00 p.m., Thursday & by appointment.
Class time: 6:00 to 7:50 p.m.,Thursday, Room 418,PrayHarrold
COURSE DESCRIPTION
This course is an introduction, at the graduate level, to the administrative law systems.
It explores the law's historical, legislative and institutional antecedents and its practical
applications in our "modern" society as viewed through real administrative law decisions
handed down by the U.S. Supreme Court. In part, this is a constitutional law course
emphasizing administrative law. Upon its completion, you should be knowledgeable
with our different administrative law systems and the part they play in all of our lives on
a daily basis. More important, from a professional perspective, it should assist you in
dealing with (and within) particular governmental and quasi-governmental agencies.
REQUIRED READING
Administrative Law and Politics, Fourth Edition. Lief H. Carter and Christine B.
Harrington, CQ Press, 2009, ISBN 978-0-87289-934-6
EXAMS AND ASSIGNMENTS
Each class will cover at least one chapter of the assigned text. The schedule below is
only an estimate of the pace at which we will cover the material. Students are expected
to come to each class prepared to discuss the merits of the next chapter as well as be
prepared to give a recitation of the cases covered in that chapter.
There will be three exams and one written assignment. Exams will cover both reading
and lecture materials and are not cumulative. The exams will consist of essay questions,
case briefs and fill in the blanks. Exams must be taken at the regularly scheduled time
unless another time has been previously approved by the instructor or in the case of a
documented emergency. Each exam will constitute 20% of your grade. The writing
assignment will constitute 20% of your grade, and class participation the remaining 20%.
WRITING ASSIGNMENT
The purpose of this assignment is to enhance your critical thinking skills while
reinforcing some of the course content to which you have been exposed. It should also
assist you in ascertaining your knowledge of the subject matter. Further, it will hopefully
challenge your ability to apply the law to a particular set of facts.
The assignment consists of choosing three cases from your textbook. Without
changing the facts of each case, you are to rewrite the opinion of each of the three courts,
reaching the opposite conclusion from the majority opinion. To do so you may want to
reemphasize the facts, placing greater emphasis to particular facts that the actual court
thought less important. Another method, using a different approach than the actual court,
is to stress different laws than those applied by the court, in effect, giving a greater priority
to the law which you now want to apply to the facts. The changing of any legal priorities
should be based on legal precedents. An example of this assignment will be provided at
a later date. For purposes of this paper, you are the court, the other court's decision does
not exist.
Each case should be three to four total pages, meaning the paper as a whole should
be nine to twelve pages long, typed and double-spaced. Grading will be based on your
knowledge of the law (derived from this course or other outside sources), how you
applied it to the facts and the reasonableness of your arguments. It will constitute 20% of
your course grade. It is due April 10, 2014. No late papers will be accepted.
SCHEDULE OF TOPICS
1/9/14
Why Administrative Law?
Chapter 1
1/16/14
The Origins and Meaning of
Administrative Law
Chapter 2
1/23/14
The Constitutional Authority of Agencies
Chapter 3
1/30/14
The Statutory Authority of Agencies
Chapter 4
2/6/14
Information and Administration
Chapter 5
2/13/14
First Exam
2/13/14
Informality & Formality in Administrative
Law
Chapter 6
2/20/14
Elements of an Administrative Hearing
Chapter 7
3/6/14
Ambiguities in Rulemaking Procedures
Chapter 8
3/13/14
3/20/14
Enforcement of Administrative Policy
Judicial Review
Chapter 9
Chapter 10
3/27/14
Second Exam
3/27/14
Liability
Chapter 11
4/3/14
Licensing
Chapter 12
4/10/14
Writing Assignment Due
4/10/14
The Law of Public Employment
Chapter 13
4/17/14
Principles & Politics in
Administrative Law
Chapter 14
4/24/14
Final Exam