Course Code: PADM611 Course ID: 3551 Credit Hours: 3 Level: Graduate
This course provides an introduction to the law and legal system as it applies to public administration and policy. It covers the interrelation of norms, moral codes and formal laws. The attempt to address social concerns with new laws and regulations has created increased pressure in the courts and legislative chambers. This course examines the sources, influences, operation and consequences of law and public policy formation, and analyzes public policy initiatives from political and legal aspects as to their intentions, achievable aims, and intended and unintended outcomes.
|Registration Dates||Course Dates||Session||Weeks|
|12/28/20 - 06/04/21||06/07/21 - 08/01/21||Spring 2021 Session D||8 Week session|
|02/22/21 - 07/30/21||08/02/21 - 09/26/21||Summer 2021 Session I||8 Week session|
After successfully completing this course, you will be able to
- Analyze the nature of law and its limits for governing behavior utilizing Supreme Court decisions.
- Evaluate the restrictions on federal government action under regulatory guidance or case law.
- Evaluate the Constitutional restraints/requirements for public officials as they apply to the rights of the individual citizen.
- Distinguish how an executive agency makes rules and regulations.
- Examine Federal regulations and laws in the public policy process.
- Analyze the application of regulatory and case law guidance on complex legal and diverse cultural situations.
- Interpret common constitutional issues presented in public service controversies and their ethical implications for solving public problems.
NOTE: Rubrics for the forums can be found in the gradebook by clicking on the symbol by the forum entry. Rubrics for the assignments can be found by clicking on the blue and white square by assignments.
Self Introduction: The first forum includes a self-introduction, which should include your name, where you are located (country, state, or city), what your current job title is, where you received your undergraduate degree and in what field, any information you care to share about your family and hobbies, and what you hope to get out of the course.
This introduction needs to be at least 250 words and posted during the first week of the class. Do not attach your posting to the forum, type it into the comments box. Failure to complete this forum by the end of the first week of class will result in you being dropped from the course.
Forum Questions: You will have 8 forums, though the forums may have several parts. For our forum discussions we will be analyzing concepts raised in the text, related readings, or current events. Postings and replies should be free of any spelling or grammar errors and proper attribution given to sources.
Questions and topics posed in the Forums are designed to promote thought and insight. Students must provide a critical review of the questions, topics and issues posed and substantively reply to the contributions of at least three peers. Individual postings should include a full discussion of the content of the question posed and explain how it relates to the concepts in the weekly text readings and other resources. The postings should be analytic in nature and include comparisons/contrasts, and examples that can bolster your point. The Forum is for your benefit and it is important to respond to the discussion topic and to engage others in a running dialogue.
Your initial post should be made by Thursday this week. You should then respond to 3 or more posts. Note that at least one response to your classmates must be made before Sunday. If you make all of your responsive posts on Sunday, you will not earn full points for timeliness.
This can be accomplished by
· Validating with additional evidence from the literature.
· Posing a thoughtful question with commentary which generates further discussion.
· Providing an alternative point-of-view, with evidence and examples.
· Offering additional insight into how the concept might be understood, with evidence provided with real world examples.
You should be active in the classroom throughout the week and actively engaged in the back-and-forth discussion between your colleagues and the professor.
The forum grading rubric can be found in gradebook by clicking on the forum entry.
Oral Argument: This assignment will give you an inside look at the Supreme Court! You are to listen to an oral argument and write a one-page opinion piece on your thoughts as you listen. Then look at the holding and see if you were able to predict the result!
Library/Regulation Assignment: Please see the assignment section for details.
Final Regulatory Analysis: Please see the assignment section for the details on your final research paper.
|Discussion Forums||30.00 %|
|Forum 1||0.37 %|
|Forum 1.2||3.70 %|
|Forum 2||3.70 %|
|Forum 3||3.70 %|
|Forum 4||3.70 %|
|Forum 5||3.70 %|
|Forum 6||3.70 %|
|Forum 7||3.70 %|
|Forum 8||3.70 %|
|Oral Argument Assignments||20.00 %|
|Oral Argument - Week 2||10.00 %|
|Oral Argument - Week 3||10.00 %|
|Library/Regulatory Assignment||20.00 %|
|Library/Regulation Assignment- Week 6||20.00 %|
|Research Paper||30.00 %|
|Regulatory Analysis - Week 8||30.00 %|
There is no required text for this class. However, a list of required journal articles follows by week. These readings are conveniently available in the course lessons or you can find them by copying the title and pasting it into the search box after you log into the APUS library site. They should all be available in full text versions.
Week One – Constitutional Principles
Fallon, R. H., Jr. (2015). The many and varied roles of history in constitutional adjudication. Notre Dame Law Review, 90(5), 1794.
Tyler, A. L. (2015). Assessing the role of history in the federal courts canon: A word of caution. Notre Dame Law Review, 90(5), 1739.
Drakeman, D. L. (2014). WHAT'S THE POINT OF ORIGINALISM? Harvard Journal of Law and Public Policy, 37(3), 1123-1150. Retrieved from https://search-proquest-com.ezproxy1.apus.edu/docview/1555335540?accountid=8289
Week Two – Bill of Rights
Strossen, N. (2014). TEXTUALISM AND THE BILL OF RIGHTS. Harvard Journal of Law and Public Policy, 37(3), 721-727. Retrieved from https://search-proquest-com.ezproxy2.apus.edu/docview/1555335689?accountid=8289
Eskridge,Charles R., I.,II. (2014). MODERN LESSONS FROM ORIGINAL STEPS TOWARDS THE AMERICAN BILL OF RIGHTS. Texas Review of Law & Politics, 19(1), 25-62. Retrieved from https://search-proquest-com.ezproxy1.apus.edu/docview/1664553326?accountid=8289
Bailey, J. D. (2012). Was James Madison Ever for the Bill of Rights?. Perspectives On Political Science, 41(2), 59-66. doi:10.1080/10457097.2012.660441
Week Three – Bill of Rights, cont.
Reynolds, G. H. (2016). Second amendment limitations. Georgetown Journal of Law & Public Policy, 14(1), 233.
Miller, D. A. H. (2016). Institutions and the second amendment. Duke Law Journal, 66(1), 69.
Rostron, A. (2016). The second amendment on campus. Georgetown Journal of Law & Public Policy, 14(1), 245.
Greendorfer, M. A. (2016). After obergefell: Dignity for the second amendment. Mississippi College Law Review, 35(1), 128.
Constitutional law - second amendment - ninth circuit holds that concealed carry is not protected by the second amendment. (2017). Harvard Law Review, 130(3), 1024.
Week Four – Freedom of Information
Carroll, E. C. (2016). Protecting the watchdog: Using the freedom of information act to preference the press. Utah Law Review, 2016(2), 193.
Kampas, P. S. (2014). Should everyone know everything?: The freedom of information act vs. governmental and national security. Journal of Biosecurity, Biosafety, and Biodefense Law, 5(1), 129-152. doi:10.1515/jbbbl-2014-0008
Administrative law - freedom of information act - sixth circuit holds that mug shots may be exempt from disclosure under FOIA personal privacy exemption. (2017). Harvard Law Review, 130(3), 1016.
Tunney, S., & Thomas, J. (2015). Public access to NHS financial information: From a freedom of information regime to full open-book governance? Social Theory & Health, 13(2), 116-140. doi:10.1057/sth.2014.19
NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. Please view comments and regulations concerning the most recent FOIA information at https://www.federalregister.gov/agencies/national-archives-and-records-administration.
Week Five – Administrative Law and Procedure
RASO, C. (2015). AGENCY AVOIDANCE OF RULEMAKING PROCEDURES. Administrative Law Review, 67(1), 65-132.
Shapiro, Stuart and Deanna Moran (2016)
The checkered history of regulatory reform since the APA
New York University Journal of Legislation and Public Policy, Volume 19, Issue 1, 141.
Additional Reading on Rulemaking can be found at
Week Six – Legislation and its impact on case law
Orme, J., & Ross-Sheriff, F. (2015). Sex Trafficking: Policies, Programs, and Services. Social Work, 60(4), 287-294. doi:10.1093/sw/swv031
Kubasek, N., & Herrera, K. (2015). COMBATING DOMESTIC SEX TRAFFICKING: TIME FOR A NEW APPROACH. Texas Journal of Women, Gender, and the Law, 24(2), 167-193. Retrieved from https://search-proquest-com.ezproxy2.apus.edu/docview/1735313895?accountid=8289
Hamilton, L. R. (2016). Sex trafficking legislation under the scope of the harm principle and moral panic. Hastings Law Journal, 67(2), 531.
Farrell, A., DeLateur, M. J., Owens, C., & Fahy, S. (2016). The prosecution of state-level human trafficking cases in the united states. Anti-Trafficking Review, (6), 48. doi:10.14197/atr.20121664
Barnard, A. M. (2014). "the second chance they deserve": Vacating convictions of sex trafficking victims. Columbia Law Review, 114(6), 1463-1501.
Week Seven – ADR/mediation
Pring, G. (., & Pring, C. (. (2015). Twenty-first century environmental dispute resolution - is there an 'ECT' in your future? dagger]. Journal of Energy & Natural Resources Law, 33(1), 10-33. doi:http://dx.doi.org.ezproxy2.apus.edu/10.1080/02646811.2015.1008846
Marvinney, C. A. (2014). Mediation in the united states circuit courts of appeals: A survey. FDCC Quarterly, 64(1), 53-67. Retrieved from https://search-proquest-com.ezproxy2.apus.edu/docview/1553770615?accountid=8289
Webster, M. K. (2015). Alternative courts and drug treatment: Finding a rehabilitative solution for addicts in a retributive system. Fordham Law Review, 84(2), 855.
Additional Reading on the use of ADR in the Government at http://www.adr.gov/fai.html
Week Eight – Ethics and the Law
Gostin, L. O. (2015). Law, ethics, and public health in the vaccination debates: politics of the measles outbreak. Jama, 313(11), 1099-1100. doi:10.1001/jama.2015.1518
Rauh, J. (2015). Predicting Political Influence on State Ethics Commissions: Of Course We Are Ethical-Nudge Nudge, Wink Wink. Public Administration Review, 75(1), 98-110. doi:10.1111/puar.12290
Gilman, S. C. (2014). Commentary: Codes, Damn Codes, and Laws: Continuing Controversies in Public Administration Ethics. Public Administration Review, 74(5), 571-572. doi:10.1111/puar.12258
Svara, J. H. (2014). Who Are the Keepers of the Code? Articulating and Upholding Ethical Standards in the Field of Public Administration. Public Administration Review, 74(5), 561-569. doi:10.1111/puar.12230
Benavides, A. D., & Dicke, L. A. (2016). Upholding ethical conduct in public professional organizations: An assessment of ICMA's code of ethics. Global Virtue Ethics Review, 7(2), 34.
(2016, March). American Society for Public Administration Code of Ethics. Public Administration Review. p. 210. doi:10.1111/puar.12542.
Doty, P. (2015). Ethics, risk and U.S. government secrecy. Journal of Information Ethics, 24(1), 11-47. Retrieved from https://search-proquest-com.ezproxy1.apus.edu/docview/1779996049?accountid=8289
The APUS library offers a fabulous resource, the Library Course Guide! You can find the Guide for this course at http://apus.libguides.com/PADM611 and the general PADM guide at http://apus.libguides.com/friendly.php?action=82&s=pubadmin .
Please explore all the tabs. The Articles Tab contains many of the Public Administration Journal links and the web resources are extensive.
In addition to the required course readings, the following public domain web sites are useful. Please abide by the university’s academic honesty policy when using Internet sources as well. Note web site addresses are subject to change.
Web Site URL/Address
Yale Law and Policy Review journal
Harvard Institute for Global Law and Policy
Cornell Legal Information Institute
John Jay College of Criminal Justice How to Brief a Case
National Institute of Legal Support – how to brief a case
Administrative Law Cases
|Book Title:||Various resources from the APUS Library & the Open Web are used. Please visit http://apus.libguides.com/er.php to locate the course eReserve.*|
Not current for future courses.