Syllabus: V540
Law and Public Affairs
Fall 2009 Monday & Wednesday
1:00-2:15 AM
PV 272
Kenneth
Richards
Office: SPEA
Rm. 410
Telephone:
855-5971
Email:
kenricha@indiana.edu
Office Hours:
MW 11:00 AM - 12:30 PM
Website:
www.spea.indiana.edu/kenricha
Course Objectives
· To
prepare you to deal with the legal issues related to public
affairs, particularly if you are planning on employment in the public sector.
· To
promote your insight into the fundamental purpose of public
and administrative law. To help
you appreciate generalizable principles that hold true across many applications
in law.
· To
introduce you to the basic concepts of public and
administrative law.
·
To help
you understand the structure of the legal system.
· To
provide you with the opportunity to explore how the concepts
can be applied in practice.
· To
learn how to apply various types of law - case, statutory and constitutional -
to practical applications.
· To
keep you out of jail during
your long and illustrious public service career.
Student Responsibilities
1. Attend class, read assignments, and
participate in class discussions and exercises.
2.
Take all tests in a timely manner.
I tend to use a semi-Socratic method
in class. This means I will be calling on you to explain or discuss
concepts and cases in class. It will behoove you to have all readings
completed before class and be ready to discuss them.
Readings and Materials
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Cooper. 2007.
Pubic Law and Public
Administration. Fourth Edition. Thompson-Wadsworth. (Hereinafter, Cooper).
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Cooper. 2005.
Cases on Public Law and
Public Administration.
Thompson-Wadsworth.(Hereinafter,
Cooper Cases).
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Sundry articles and chapters
posted to this class website.
This is a graduate course. How much reading you
do is largely up to you. The more of the materials you read, the more you will
know. The more you discuss the ideas among yourselves, the more you will
understand.
I will rely heavily on the class website to
disseminate class materials. Please check
regularly for new and updated materials.
Course Grades
Your grade in this class will be
based on the following:
Exam 1:
35%
Final Exam:
50%
Class
exercises and participation: 15%
Total:
100%
Extra Credit Paper
10%
Exams are cumulative. The
translation of numbers to grades will follow the standard format:
100-110 - A+
93-100 - A
90-92 - A-
87-89 - B+
83-86 - B
80-82 - B-
...and so on. At the end of the
semester I round the weighted sum of number grades to the nearest integer before
assigning a letter grade.
Individual Papers
Rather than give an optional
extra exam, I will provide the option to do an extra credit paper. If for
reasons of grades or excessive intellectual curiosity your would like to
undertake a research paper on the topic of your choice I will assign up to an
extra 10 points to your course grade. Here are the parameters for the assignment:
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The paper is not to exceed ten
pages, double spaced, one inch margins, 11 point font, not including
bibliography.
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You can choose the topic of the
paper, but the choice is subject to my approval.
-
You must declare your intent and
have agreement with me on a negotiated topic by the end of the first
week of November.
-
The grading scale will be from -5
to 10 points. If you declare your intent to submit a paper and then
fail to do so, or if the submission is so slovenly that it is a waste of my
time to read it, you will receive -5 points on your final class grade (a
reduction of half a letter grade). If the paper is so good that I am
impressed enough to think you should head off to the U.S. Justice
Department, then you will receive 10 extra points (a full letter grade) on
your class grade. I expect most grades assigned to these optional
papers will be positive but less than 10 points.
Attendance
You are expected to attend all classes. If you
are unable to attend class, please notify me by e-mail ahead of time.
Academic Misconduct
I will not tolerate academic misconduct.
The Indiana University Code of Student Rights, Responsibilities and Conduct,
Section III A discusses student academic misconduct.
You can find this information on the website at
http://dsa.indiana.edu/Code/index1.html. Any student found
cheating or engaging in other academic misconduct will receive a failing grade for the course
and will be reported to the Dean of Student Affairs. Other
sanctions are possible.
On average, I have
had to fail one student per semester for the past several semesters due to
academic misconduct, and the rate of failure is increasing.
I hate doing this.
Class Schedule and
Assignments
The class schedule should be considered flexible,
subject to change as I learn more about your interests and the speed with which
we can move through the material. The following will help you plan your
readings and schedule times for the assignments and exams, but should not be
considered fixed.
Reading Assignments and
Class Schedule
Reading assignments should be completed before
class on the day they are assigned. This schedule is subject to change and
updating as the course progresses, based on class progress and interests.
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Section I: Introduction to
Principal-Agent Relations |
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August 31: |
Principal-Agent Relations |
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Reading: |
Eisenhardt, Kathleen. 1989. "Agency Theory: An Assessment and Review."
The Academy of Management Review 14(1): 57-74. |
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Sappington, David. 1991. "Incentives in Principal-Agent Relationships."
The Journal of Economic Perspectives. 5(2): 45-66. |
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September 2: |
The Law of Agency Relations |
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Reading: |
Mallor, J., A.J. Barnes, T. Bowers, and A. Langvardt. 2004.
"The Agency Relationship." Chapter 35 in Business Law: The Ethical,
Global, and E-Commerce Environment McGraw Hill/Irwin. |
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Mallor, J., A.J. Barnes, T. Bowers, and A. Langvardt. 2004.
"Third Party Relations of the Principal and the Agent" Chapter 36 in
Business Law: The Ethical, Global, and E-Commerce Environment McGraw
Hill/Irwin. |
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Section II: What is Law? |
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September 7 & 9: |
Definitions, Sources and Structure in Legal Systems |
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Reading: |
Cooper, Chapter 1: Introduction: Defining the Field |
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Cooper, Chapter 2: The Law in Books: An Introduction to
Legal Research |
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Cooper, Chapter 3: The Law in Action |
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Dunfee et al. 1996. "Legal Systems" Chapter 2 in
Modern Business Law and the Regulatory Environment McGraw-Hill. |
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Carp, R. and R. Stidman. 1998. "History and Organization
of the Federal Judicial System" Chapter 2 in Judicial Process in America,
4th ed. CQ Press. |
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Carp, R. and R. Stidman. 1998. "History and Organization
of the State Judicial Systems" Chapter 3 in Judicial Process in America,
4th ed. CQ Press. |
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Carp, R. and R.
Stidman. 1998. "Jurisdiction and Policy-Making Boundaries" Chapter 4 in
Judicial Process in America, 4th ed. CQ Press. |
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September 14: |
Tort Liability |
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Reading: |
Dunfee et al.
1996. "Intentional Torts" Chapter 6 in Modern Business Law and the
Regulatory Environment McGraw-Hill. |
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Dunfee et al.
1996. "Negligence and Strict Liability" Chapter 7 in Modern Business Law
and the Regulatory Environment McGraw-Hill. |
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Schantz, W. 1976. "Torts and Damages" Chapter 6 in The
American Legal Environment, West. |
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Section III:
Constitutions |
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September 16: |
Constitutions: Definition, Role, and Interpretation |
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Reading: |
The United States Constitution |
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The Bill of Rights |
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North, Douglass and Barry Weingast. 1989. "Constitutions and Commitment: the
Evolution of Institutional Governing - Public Choice in Seventeenth-Century
England." The Journal of Economic History 49(4): 803-832. |
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September 21: |
Separation of Powers, Delegation Doctrine |
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Reading: |
Hall, D. 2006. "Delegation." Chapter 5 in
Administrative Law: Bureaucracy in a Democracy, 3rd ed., Pearson
Prentice Hall. |
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Carter, L. and C. Harrington. 2000. pp. 114-123 in
Administrative Law and Politics, 3rd ed., Longman. |
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Cooper -
Cases: pp. 1-25, 38-45, 277-309. |
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September 23 & 28: |
Commerce and Spending Clauses of the U.S.
Constitution |
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Reading: |
Lockard, D. and W. Murphy. 1987. "Government Control of
the Economy" Chapter 4 in Basic Cases in Constitutional Law 2nd ed.
CQ Press. |
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O'Brien, D. "Congress:
Legislative, Taxing and Spending Powers" Chapter 6 in Constitutional Law
and Politics: Volume One - Struggles for Power and Governmental
Accountability. 2nd ed. 1995. W.W. Norton. |
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United States v. Lopez, 514 U.S. 549 (1995) |
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September 30: |
Civil Liberties and the Bill of Rights |
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Reading: |
Lockard, D. and W. Murphy. 1987. "The Rights to Speak, Write and Vote"
Chapter 5 in Basic Cases in Constitutional Law 2nd ed. CQ Press. |
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Lockard, D. and W. Murphy. 1987. "The Right to Privacy" Chapter 6 in
Basic Cases in Constitutional Law 2nd ed. CQ Press. |
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Rosenbloom,
D. and R. Kravchuk. 2005. "Public Administration and Democratic
Consititutionalism." Chapter 11 in Public Administration: Understanding
Management, Politics, and Law in the Public Sector, 5th ed. McGraw Hill. |
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Section IV: Legislation |
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October 5 & 7: |
The Structure and Law of U.S. Legislatures |
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Reading: |
O'Brien, D.
"Congress: Membership, Immunities and Investigatory Powers" Chapter
5 in
Constitutional Law and Politics: Volume One - Struggles for Power and
Governmental Accountability. 2nd ed. 1995. W.W. Norton. |
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Grillot, H. and F. Schubert. 1989. "Legislation"
Chapter VIII in Introduction to Law and the Legal System, Houghton/Miflin.
pp. 355-404. |
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October 12: |
Legislatures and Bureaucracies |
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Reading: |
Cooper, Chapter 10 |
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Cann, S. 2006. "Legislative Control of Bureaucracy"
Chapter 3 in Administrative Law, 4th ed., Sage. |
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McCubbins, Mathew, Roger Noll, and Barry Weingast. 1987. "Administrative
Procedures as Instruments of Political Control.." Journal of Law,
Economics & Organization 3(2): 243-277. |
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Section V: Administrative Law |
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October 14: |
Evolution of the Administrative State |
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Reading: |
Barry, D. and H.
Whitcomb. 2005. "Origin and Development of the Administrative Process."
Chapter 2 in The Legal Foundations of Public Administration, Rowman
and Littlefield. |
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October
19: |
Agency Rulemaking |
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Reading: |
Cooper, Chapter 5 |
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Cooper Cases, pp. 25-38 |
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Map of Informal
Rulemaking Process (Interactive
Version) |
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October 21: |
Midterm Exam: Section I-IV |
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October 26 & 28 : |
Administrative Adjudications and Due Process |
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Reading: |
Cooper, Chapter 6 |
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Cooper Cases: Chapter 2 |
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Cann, S.
2006. "Due Process of Law in Other Contexts." Chapter 9 in Administrative
Law, 4th ed., Sage. |
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November 2: |
Guest Lecture; Claudia Williamson - "Property
Rights: What do They Do
and Where Do
They Come
From?" |
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Reading: |
Demsetz, H. 1967 "Toward a Theory of Property Rights" |
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Benson, B. 2001. "The Spontaneous Evolution of Commercial Law" |
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Boettke, P. et al. "Takings" |
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Boettke, P. and P. Leeson 2005. "Still Impossible after all these Years." |
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November 9: |
Administrative Adjudications and Due Process (continued) |
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Reading: |
Cooper, Chapter 6 |
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Cooper Cases: Chapter 2 |
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Cann, S.
2006. "Due Process of Law in Other Contexts." Chapter 9 in Administrative
Law, 4th ed., Sage. |
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November 11: |
Accountability through Reviewability: Judicial Review
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Reading: |
Cooper, Chapter 7 |
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Cooper Cases: Chapter 3 |
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November 16: |
Informal Process and Administrative Discretion |
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Reading: |
Cooper, Chapters 8 and 9 |
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November 18: |
Accountability through Accessibility: Information
Gathering and Dissemination |
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Reading: |
Cooper, Chapter 11 |
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November 23 & 25: |
No Classes |
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November 30 & December 2: |
The Law and Public Employees |
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Reading: |
Cooper, Chapter 12 |
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Cooper Cases: Chapter 4 |
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Cann, S. 2006. "Suing the Government" Chapter 10 in
Administrative Law, 4th ed., Sage. |
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December7: |
Administrative Responsibility |
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Reading: |
Cooper, Chapter 13 |
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Cooper Cases: Chapter 5 |
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December 9: |
Catch up and Review |
THIS SYLLABUS IS SUBJECT
TO REVISION AND SHOULD ALWAYS BE CONSIDERED TO BE IN DRAFT FORM. CONFIRM
DEADLINES IN ADVANCE.