PA 752

Public Administration and the Law

Fall 2008

Objectives

The purpose of this course is to assess the legal framework which is the foundation for public administration in the United States today. It looks at how the legal system represents a context that public administrators deal with every day in their efforts to develop and carry out public policy and manage programs. Students will acquire the non-technical proficiency in constitutional law that is needed to be effective administrators.

While other courses focus on the role the legislature and executive play in setting public policy and overseeing its implementation, this course gives particular attention to the courts, and their crucial role in settling the disputes that arise when public administrators attempt to implement their mandates. Today the courts hold public administrators accountable and liable for knowing and protecting individuals' constitutional rights, whether those individuals are their employees, clients (even if those clients are prisoners) or the public. From that standpoint, it is essential that every public manager have at least some knowledge of constitutional law. However, this course will go beyond the basics by looking more closely at such significant constitutional doctrines such as equal protection and due process requirements, within the current context of public administration. 

The course will further examine the administrative law that governs the constitution of public sector agencies, including their structure and decision making processes.  Here we will examine such notions as rulemaking, "sunshine in government," adjudication, and the constraints placed on administrative discretion. We will also examine the significant role the courts, the unelected branch of government often plays in setting public policy.

We will explore these themes through the required readings and assignments. The format and assignments for this class are designed to build the skills you need as public administrators.  Since public administrators are not usually required to take written tests, none will  be given in this class.  However, public administrators are required to prepare for, attend, and actively participate in meetings with their colleagues and supervisors. 

Therefore, an important component of this course is demonstrating that you have read the material required in advance, and have thought about it.  Additional assignments will test your ability to conduct independent research, critically analyze and synthesize the information you attain, understand how to read statutes and court decisions and identify and articulate the central controversies that underlie them.  You will be required to clearly and concisely present your findings both orally and in writing. 

By the end of the course, the student should be knowledgeable about:

•  The American judicial system
•  Fundamental constitutional rights and responsibilities
•  The relationship among the executive, legislative and judicial branches of government
•  The system of administrative law that governs public administration
•  How to read and interpret court opinions
•  How to conduct basic legal research
•  How to present an argument in support of a position facing the courts in writing and orally