Syllabus
Course Prefix/Number: PAD 5605
Course Title: Administrative Law
Instructor Name and Contract Information:
Wm. M. Haraway, III Ph.D.
wharaway@uwf.edu
Building 77, Room 121C
(850) 473-7243 Campus Office
(850) 995-8419 Home Office
(850) 324-0845 Cell
Prerequisites: None
Course Description:
Explores the legal foundations and administration of public service administrative law. Focuses
on the development of the American administrative state; legislative and judicial controls over
agency discretionary power; the limits of judicial review; the legality of administrative action;
agency rule-making and administrative discretion of public managers; and the liability of public
managers for unlawful acts.
Course Overview:
Administrative law deals with the legal principles common to all administrative agencies.
Administrative agencies perform missions entrusted to them by statutes authorizing certain
actions for specific purposes at each level of American government. In this sense agencies are
"specialists" with one or more mission or purpose headed by a single official, collegiate body,
commission, board, or administration. Most administrative agencies are part of the executive
branch of government, but some are independent bodies, often referred to as independent
regulatory agencies. While the heads of most administrative agencies are appointed by the chief
executive, others are elected to that position in some state governments. Administrative agencies
also vary in size from those with only a few employees and a small budget to those with
thousands of employees and budgets in the billions of dollars.
Administrative agencies at the local, state and federal levels of government affect almost
every aspect of life-- from transportation and communication industries to medicare and social
security. In this sense some administrative agencies are "regulatory" because they enforce
mandatory prohibitions or obligations, such as the Federal Aviation Administration (FAA), while
others are "benefactory" because they disburse benefits, such as the Social Security
Administration (SSA). To accomplish such diverse missions administrative agencies are
authorized to investigate, prosecute, make laws, adjudicate, license, and perform related duties
and responsibilities in carrying out their missions. Simply stated, administrative agencies have
the same three powers of government promulgated in the U.S. Constitution: Executive,
Legislative, and Judicial.
These powers are the focus of the study of administrative law, because the legal principles
common to all administrative agencies govern their functions, and the legitimacy of their
action(s). Equally important, the study of administrative law includes a focus on and analysis of
the law defining the role of the courts, legislature, and the chief executive with respect to agency
activities. In other words, this course deals with the source and legitimacy of agency authority,
proper agency procedures for investigating and prosecuting violators, making rules and
adjudicating individual rights, and the proper procedure for obtaining judicial review of agency
action. In sum, this course focuses on procedural law, as opposed to substantive law.
To that end this course is designed as a graduate seminar requiring participants to
demonstrate initiative and perform independent study. Discussions of readings and assignments
will be based on the experiences, knowledge, skills and abilities of participants, in addition to
those of the professor. This will require that all assignments (readings, case analyses, and
assigned papers) be completed in a timely manner.
Purpose of Course:
The Empowered Person and Professional Making a Difference is theme of the Professional
Education Unit conceptual framework. This theme focuses learning experiences on activities that
permit the candidate to examine what he/she does and to take an active role in the instructional
process. The subject matter, class activities, and skill development of this course were selected to
assist your personal growth in one or more of the following Empowered Person and Professional
Making a Difference characteristics: a) critical thinker, b) lifelong learner, c) counselor/mentor,
d) decision maker, e) problem solver, and f) ethical/moral professional.
Student Learning Outcomes
Students will be able to:
* Discern the relationship between the authority of administrative agencies
and democratic institutions
* Understand how administrative and independent regulatory agencies are controlled
* Explain the role of the courts in providing oversight of discretionary decision making by
public agencies and officials
* Describe restrictions on the conduct of administrative inspections and searches conducted by
public officials
* Identify and understand the major components of the Administrative Procedure Act of 1946
and the Negotiated Rule-Making Act of 1990
* Understand and differentiate between the underlying principles of judicial and administrative
fact-finding
* Identify the sources of judicial review of agency action
* Explain the sources of governmental power to collect private information and
control administrative discretion
* Demonstrate knowledge of the liability of public managers for unlawful acts: Absolute and
Qualified Official Immunity
Goals:
National Board Professional Teaching Standards:
Florida Educator Professional Level Accomplished Practices:
Specialized Program Association:
NCATE Standards (1a, 1b, 1c, 1d, 1e, 1f, 1g)Reading Endorsement, FLDOE Subject Area Competencies, and ESOL Competencies where appropriate
(Reading Endorsement Courses, ESOL Endorsement Courses, and all Reading Education Courses)
–Appropriate Specialized Program Area Competencies should be added for program areas which
do not follow Florida’s Uniform Core Curricular requirements.
Course Alignments by Assessments, Outcomes, and Standards:
Project
Name and
Assessment
Tool
Conceptual
Framework
Outcomes
(Characteristics)
Course SLOs NCATE
FEAPs
SPA NBPTS
Standard
(professional)
1
Indicator
Topics Covered & Tentative Schedule: Refer to end of document.
Required Readings
Cann, Steven J. Administrative Law 4ed. Thousand Oaks, CA: Sage, 2006.
(ADL on syllabus)
Publication Manual of the American Psychological Association 5ed. Washington, DC:
American Psychological Association, 2001. (APA on syllabus)
Suggested Supplemental Reading Resources
Barry, Donald D. The Legal Foundations of Public Administration. Lanham, MD: Rowman and
Littlefield, 2005.
Alexander Hamilton, John Jay and James Madison. The Federalist Papers, edited by George
W. Carey, et al., Gideon ed., Indianapolis: Liberty Fund, 2001.
Rosenbloom, David H. Constitutional Competence for Public Managers: Cases and
Commentary. Itasca, Ill: F.E. Peacock, 2000.
Cooper, Phillip J. Public Law and Public Administration. 3ed. Itawsca, Ill: F.E. Peacock, 2000.
Cooper, Philip J. and Chester A. Newland, eds. Handbook of Public Law and Administration,
San Francisco: Jossey-Bass, 1997.
Edley, Christopher F. Administrative Law: Rethinking Judicial Control of Bureaucracy, New
Haven: Yale University Press, 1990.
Grading/Evaluation System:
Course Requirements and Grading
Midterm Examination - 30%
Applied Research Paper - 30%
Online Threaded Discussion Participation - 20%
Case Analyses/Other Written Assignments - 20%
Standards for Written Assignments
Students are expected to read, understand, and comply with the requirements of the Fifth
Edition of the Publication Manual of the American Psychological Association (APA) for all
assignments and manuscripts. This includes the AEthical Standards for the Reporting and
Publishing of Scientific Information included therein. All work submitted for this course must
be the student's own and may not have been used whole and/or in part for any other purpose
without the professor's prior written permission (if in doubt you must ask the professor).
References/Bibliography:
Special Technology Utilized by Students:
Each UWF Student is expected to:
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Activate a UWF ArgoNet email account
Access email two to three times weekly
Have basic word processing knowledge
Plagiarism Policy: (Word Format) | (PDF Format) | (RTF Format)
Student Handbook: (PDF Format)
Statement of the University Policy on Academic Conduct: The Student Code of Conduct sets
forth the rules, regulations and expected behavior of students enrolled at the University of West
Florida. Violations of any rules, regulations, or behavioral expectations may result in a charge of
violating the Student Code of Conduct. It is the student’s responsibility to read the Student Code
of Conduct and conduct themselves accordingly. You may access the current Student Code of
Conduct at http://www.uwf.edu/judicialaffairs.
Expectations for Academic Conduct/Plagiarism Policy: Academic Conduct Policy: (Web
Format) | (PDF Format) (RTF Format)
As members of the University of West Florida academic community, we commit ourselves to
honesty. As we strive for excellence in performance, integrity (both personal and institutional) is
our most precious asset. Honesty in our academic work is vital, and we will not knowingly act in
ways that erode that integrity. Accordingly, we pledge not to cheat, nor to tolerate cheating, nor
to plagiarize the work of others. We pledge to share community resources in ways that are
responsible and that comply with established policies of fairness. Cooperation and competition
are means to high achievement and are encouraged. Indeed, cooperation is expected unless our
directive is to individual performance. We will compete constructively and professionally for the
purpose of stimulating high performance and standards. Finally, we accept adherence to this set
of expectations for academic conduct as a condition of membership in the UWF academic
community.
Assistance: Students with special needs who require specific examination-related or other
course-related accommodations should contact the Student Disability Resource Center (SDRC),
sdrc@uwf.edu, 850.474.2387. SDRC will send an email to the instructor that specifies any
recommended accommodations.
UWF TurnItIn notice: UWF maintains a university license agreement for an online text
matching service called TurnItIn. At my discretion I will use the TurnItIn service to determine
the originality of student papers. If I submit your paper to TurnItIn, it will be stored in a
TurnItIn database for as long as the service remains in existence. If you object to this storage of
your paper:
1. You must let me know no later than two weeks after the start of this class.
2. I will utilize other services and techniques to evaluate your work for evidence of
appropriate authorship practices.
Syllabus Notice of Change: Although this syllabus is intended for multiple audiences and
incorporates the minimum course criteria, the content of this syllabus may change based on
individual instructor’s specifications. Any modifications to this syllabus will be announced
during the first week of the semester.
Schedule of Assignments
Week 1:
Building an Online Community (Online Learner Orientation)
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Week 2:
Review and complete the Online Orientation, student D2L training, and
complete your student biography in the D2L “Classlist” link.
Participate in the group threaded discussion under the “Discussion” link.
Review the HRM Syllabus, Research Paper Guidelines and Requirements,
Motivation Humor, instructor’s vita, and the several HRM articles in the
“Important Course Information” link.
TheU.S.Constitution - Powers of Government
ADL, Appendix B(pp. 551-566):The United StatesConstitution.
Beach, et al.,"StateAdministration and the Founding Fathers
During theCritical Period,"Administration&Society28(4),
1997: 511-530 (In contentlink).
ThreadedDiscussion
Dropbox Assignment: U.S. Constitution
Week 3:
Democracy and Bureaucracy
ADL, Chapter 1 (pp.3-18): Democracy and Bureaucracy.
Threaded Discussion
Dropbox Assignment: Democracy and Bureaucracy
Week 4:
Executive Control of Administrative Action
ADL, Chapter 2 (pp. 19-63): Executive Control of Bureaucracy
Threaded Discussion
Dropbox Assignment: APA Format/Style
Week 5:
Legislative Control of Administrative Action
ADL, Chapter 3 (pp. 64-110): Legislative Control of Bureaucracy
Threaded Discussion
Dropbox Assignment: Approval Request for Research Project
Week 6:
Judicial Control of Administrative Action
ADL, Chapter 4 (pp. 111-182): Control of Agencies by Default: The Courts and
Administrative Law
Threaded Discussion
Week 7:
Administrative Process: The Administrative Procedure Act
ADL, Appendix A (pp. 527-550): The Administrative Procedure Act
Threaded Discussion
Dropbox Assignment: The APA
Week 8:
Midterm Examination
Complete and electronically submit your midterm examination in the appropriate
drop box by the specified date
Week 9:
The Government and Information
ADL, Chapter 5 (pp. 183-209): Collecting Information.
ADL, Chapter 5 (pp. 210-258): Agencies as Respositories of
Information
Threaded Discussion
Week 10:
Informal Agency Activity
ADL, Chapter 6 (pp. 258-288): Informal Agency Activity
Threaded Discussion
Dropbox Assignment: Informal Agency Activity
Week 11:
Agency Rule-Makng and Adjudication
ADL, Chapter 7 (pp. 289-342): Rule-Making and Adjudication
Threaded Discussion
Dropbox Assignment: Agency Rule-Making & Adjudication
Week 12:
Substantive Issues of Administrative Law
ADL, Chapter 8 (pp. 343-395): The Law of Public Employment
Threaded Discussion
Dropbox Assignment: Research Paper Completion Update
Week 13:
Due Process of Law (Non-employment Contexts)
ADL, Chapter 9 (pp. 396-453): State Action, Liberty or Property Interest, How
Much Process is Due?
Threaded Discussion
Week 14:
Suing the Government
ADL, Chapter 10 (pp. 454-514): Issues of Sovereign Immunity, Intentional Torts,
Qualified Immunity and Immunity in the States
Threaded Discussion
Dropbox Assignment: Sovereign and Qualified Immunity
Week 15:
Summary and Conclusions
ADL, Chapter 11 (pp. 515-526): Political and Judicial Control &
Other Measures of Accountability of Administrative Agency Action
Threaded Discussion
Dropbox Assignment: Course Feedback to Instructor (Optional)
Applied research paper due (in drop box by end of week)
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RESEARCH PAPER GUIDELINES
The major intellectual project of the course that students are expected to complete is the
formal research paper. The paper must be written in APA format/style. To that end, students are
expected to read, understand, and comply with the requirements of the fifth edition of the
Publication Manual of the American Psychological Association (APA) for all assignments and
manuscripts. This includes the AEthical Standards for the Reporting and Publishing of Scientific
Information included therein. All work submitted for this course must be the student's own and
may not have been used whole and/or in part for any other purpose without the professor's prior
written permission (if in doubt you must ask the instructor).
The student should select a paper topic consistent with her/his personal interests and
intellectual curiosity that can be well managed within semester time parameters, based upon
academic and other workloads. Thus, it is important to keep the focus of the research paper
narrow by defining an angle on or Adimension of administrative law. The instructor is available
to assist you in this effort. Please note that your paper topic must be approved in advance by the
instructor.
It is expected that the formal paper will be carefully researched and well-written. To that
goal, the paper must use proper grammar, spelling, and punctuation. The completed paper shall
be a minimum of 20 pages in length and not exceed 25 pages (excluding cover, endnotes,
appendices, and references/ bibliography). Papers must be electronically submitted to the
instructor (via drop box) no later than the last day of classes. Students are encouraged to
complete and submit papers earlier if practicable. Late papers, if accepted, will be substantially
discounted in grade, unless the delay is caused by a documented illness and/or personal
emergency.
A. Research papers will be graded based upon the following criteria:
1. Grammar, spelling, and punctuation (proofread and spell check).
2. Knowledge and understanding of the assigned readings and classroom
discussions.
3. The ability to integrate knowledge from different sources (texts, library
research, class discussions, and real life situations).
4. Analysis of materials to reach conclusions and support them in an organized
and coherent manner.
5. Compliance with minimum/maximum length and submission requirements.