PA 752
Public Administration and the Law
Fall 2008
Requirements
Required texts
Rosenbloom, David H. Administrative Law for Public Managers, Westview Press (2003)
Rosenbloom, David H, James D. Carroll and Jonathan D. Carroll, Constitutional Competence for Public Managers Thomson Custom Publishing (2000).
You will find excerpts of the judicial rulings we discuss hyperlinked to the class web page or in Constitutional Competence. But you should also become familiar with http://lp.Findlaw.com and Lexis (available through SFSU library's website) in order to find the full Court decisions that are relevant for papers you write, and for statutes we will discuss during the semester.
Other readings will be hyperlinked to the class schedule web page, or available from Electronic Reserve (also linked to the class schedule web page). Readings will be added to the web page over the course of the semester, so please review it weekly.
The MPA program has the following expectations for students in all classes:
Students are expected to attend all classes, be on time for class and stay for the entire length of class unless cleared with the professor in advance due to professional or other responsibilities elsewhere. Assignments are expected to be completed and to be turned in on time.
Assignments
Class participation. (10% of grade). It is important that you learn, and demonstrate your ability to contribute to the discussion of the important subjects on our agenda, as you would if this were a discussion occurring at a meeting in the workplace. Expected contributions to the discussion include the following:
No later than noon of the day of each
class session, use the ILearn Discussion feature to pose 2
questions for discussion from two of the assigned readings
(each from a different reading). To ensure you are not repeating a question already posed by a classmate,
be sure to check to see what questions have already been submitted. If
you have trouble with ILearn e-mail the question to me. These are
questions about issues that can be discussed; not questions about facts
(although you can certainly raise those as well).
Participate
actively in the discussion of during the class session.
Pose questions to students
presenting oral arguments before the Supreme Court as if you were a justice hearing the
arguments.
If you are unable to attend a
class, you will be expected to contribute your thoughts about the reading by submitting
written responses to at least four of the discussion questions posed by
students for the discussion you
missed, and at least one of the questions posed after each case excerpt
assigned for the week in Constitutional Competence.
Short papers (25% of grade)
These are brief exercises designed to give you practice in finding, understanding and applying regulations, statutes or case law. You, as administrator in a hypothetical government agency, will be presented with a scenario and asked to find and interpret the relevant document(s) and to write a brief memo explaining its implication for the situation at hand. See class schedule page for due dates
Written Brief (25%
of grade).
At the first class meeting, I ask
you to sign up to represent either the plaintiff or respondent in one of the
more current cases noted on the class schedule. You will be expected to develop an argument
supporting that position, based primarily on the arguments made by the justices (or judges).
The briefs are due Oct. 6
Oral Argument
(10% of grade).
You will be required to present your argument to the Supreme Court justices (your classmates and me) in a “mock” Supreme Court session on the day scheduled in the syllabus. You should use the comments I make on your written briefs to improve the quality and comprehensiveness of your oral argument.
Paper on the Courts and Public Policy
(30% of grade)
For this paper you will select a public policy that has been addressed either by executive order or statute (or both) and by the Courts. This paper will assess the impact each branch of government has had on the current interpretation and application of that policy. It will be primarily based on library research. A one page proposal for this paper (example of this to be provided with style sheet) is due on Nov. 3, and the final paper is due on Dec. 15. You will also be asked to make a brief presentation of your paper to the class at the final class meeting.
A Note on Plagiarism and Academic Misconduct
Whenever words are taken directly from another author without quotation marks and direct attribution to the author, it constitutes plagiarism which is a serious and punishable offense at this university. Please ensure that your papers are written in your own words, that ideas and facts taken from others are clearly attributed to them, and that anything taken verbatim from another source is enclosed in quotation marks. Citations can take the form of footnotes or in-text references, but there should be a full bibliographic reference somewhere in the document. In the case of a direct quotation, the citation should include the page number where the quote was found as well. Direct quotes from another author should be used sparingly, and only when the point you are making is stated best by using someone elses words.
Cheating and plagiarism are contrary to the mission of the university and are never tolerated. Students who display inappropriate conduct, including cheating and plagiarism, may be subject to disciplinary action as provided in Title 5, California Code of Regulations. Any student may be expelled, suspended, placed on probation, or given a lesser sanction for discipline problems. The Student Discipline Officer, housed in the Dean of Students Office, is responsible for administering the Student Disciplinary Procedures for the California State University and should be contacted for further information.