GCU ADM636 Full Course

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ADM636 Law and Administrative Process

Week 1 Discussion

DQ1 Does the Administrative Procedure Act define the substantive or procedural aspects of administrative law? Define and give an example of each. What is administrative law?

DQ2 How do different agencies implement administrative law? How has administrative law implementation contributed to the growth in the administrative state?

ADM636 Law and Administrative Process

Week 2 Discussion

DQ1 How has the Chevron case changed how Court’s review the actions of federal agency discretion?

DQ2 Describe the relationship between discretion and fairness. Why are the two terms similar or different in the context of agency actions?

ADM636 Law and Administrative Process

Week 3 Discussion

DQ1 In Goldberg v. Kelly (1970) what principles of due process and equal protection were violated? Analyze the relationship between cost-benefit analysis and protective interests. How did the balance between cost-benefit analysis and protective interests play into the court’s decision? Please reference this topic’s readings in your response.

DQ2 How did the enforcement of the law in the Goldberg case uphold or violate constitutional due process? Why is this important for public administrators?

ADM636 Law and Administrative Process

Week 4 Discussion

DQ1 Why is the concept of separation of powers important to administrative law and the operations of administrative agencies? Please reference this topic’s readings in your response.

DQ2 Discuss the limitations of executive delegation of authority and the legislative delegation of authority. What is the role of the Judiciary? Why are these limitations in place? Please reference this topic’s readings in your response.

ADM636 Law and Administrative Process

Week 5 Discussion

DQ1 Explain how evidence can be obtained and used for purposes of enforcing regulatory rules. What are the constitutional issues surrounding the gathering of evidence by inspectors?

DQ2 Parallel proceedings are allowed in criminal and civil cases. Explain why a Court might suspend an administrative process to preserve a constitutional or statutory right? How might this create potential conflicts between the fourth and fifth amendments?

ADM636 Law and Administrative Process

Week 6 Discussion

DQ1 Define non-statutory review. Discuss why courts presume that agencies have a review process in place. Why is this important? Is this a question of fact or a question of law? Explain by discussing the role of the public manager as explained in the Denhardt and Denhardt article.

DQ2 Explain the process differences between administrative and judicial adjudication. Use examples of cases from the text to expand your response.

ADM636 Law and Administrative Process

Week 7 Discussion

DQ1 What are some of the limitations of the Freedom of Information Act? Please explain the relationship between “discovery” and the Freedom of Information Act. Explain how the case of Walsh v. North exemplifies this relationship. Explain when it is appropriate for the courts to review a denied request for public information. Use one of the court cases in Chapter 10 as an example.

DQ2 Provide an example of privatization of a traditional government service. Explain how public information may be limited in the example you provided. What impact does this limit on information have for society?

ADM636 Law and Administrative Process

Week 8 Discussion

DQ1 In federal tort claims why is it important to understand if the public administrator or public worker was acting in an official capacity when assessing liability? Use a case from Chapter 11 to illustrate this concept.

DQ2 What is the proper role of the court in assessing liability of government officers? Discuss how the U.S. Supreme Court in Filarsky v. Delia analyzed the decision of the 9th Circuit Court of Appeals.

ADM636 Law and Administrative Process

Week 1 Assignment

Administrative Law Implementation

Bureaucracy and Health Care Reform Essay

Details:

Read the sidebar “Health Care Reform and Bureaucracy” on page 13.

After reading the summary and further researching the case, answer, in a paper of 1,500-1,750 words, the following questions:

What is the role of bureaucracy in the implementation of the Affordable Care Act?

How does the policy implementation of the Affordable Healthcare Act limit the powers of public administrators?

Prepare this assignment according to the guidelines found in the APA Style Guide, located in the Student Success Center. An abstract is not required.

In addition to the required topic readings, include a minimum of three appropriate and relevant academic sources to support your response.

This assignment uses a rubric. Please review the rubric prior to beginning the assignment to become familiar with the expectations for successful completion.

You are required to submit this assignment to Turnitin. Refer to the directions in the Student Success Center.

ADM636 Law and Administrative Process

Week 2 Assignment

Agency Discretion and the Concept of Deference Essay

Details:

In a paper of 1,500-1,750 words, address the following:

Assess deference and the discretion that is afforded in an agency’s interpretation of its own rule, such as outlined in the Chevron decision.

Use the Elian Gonzales case in Chapter 3 to help explain the concept of deference and how it was applied in that case.

Assess the benefits and detriments of agency discretion as it relates to outcomes of administrative decisions.

Prepare this assignment according to the guidelines found in the APA Style Guide, located in the Student Success Center. An abstract is not required.

In addition to the required topic readings, include a minimum of three appropriate and relevant academic sources to support your response.

This assignment uses a rubric. Please review the rubric prior to beginning the assignment to become familiar with the expectations for successful completion.

You are required to submit this assignment to Turnitin. Refer to the directions in the Student Success Center.

ADM636 Law and Administrative Process

Week 4 Assignment

Private Agencies and the Public Interest

The Role of Delegation Essay

Details:

Your text discusses the case South Dakota v. Department of Interior on page 130. Please read the full appeal that was decided in 2005.

http://caselaw.findlaw.com/us-8th-circuit/1293790.html

In a paper of 1,500-1,750 words, address the following:

Assess whether this was a constitutional or unconstitutional delegation of power.

Why was the court involved in this scenario?

Why is this case significant for public administrators in understanding the delegation doctrine?

Prepare this assignment according to the guidelines found in the APA Style Guide, located in the Student Success Center. An abstract is not required.

In addition to the required topic readings, include a minimum of three appropriate and relevant academic sources to support your response.

This assignment uses a rubric. Please review the rubric prior to beginning the assignment to become familiar with the expectations for successful completion.

You are required to submit this assignment to Turnitin. Refer to the directions in the Student Success Center.

ADM636 Law and Administrative Process

Week 6 Assignment

Administrative Hearings Essay

Details:

In a paper of 1,250-1,500 words, address the following:

What triggers adjudication under the Administrative Procedure Act (APA)?

Is stating that the hearing will be “on the record” enough to trigger adjudication? Why or why not?

Explain each of the components from an administrative to a judicial hearing. Use examples of cases in the text and two to three peer-reviewed sources to explain why the components are necessary to ensure justice.

Prepare this assignment according to the guidelines found in the APA Style Guide, located in the Student Success Center. An abstract is not required.

This assignment uses a rubric. Please review the rubric prior to beginning the assignment to become familiar with the expectations for successful completion.

You are required to submit this assignment to Turnitin. Refer to the directions in the Student Success Center.

ADM636 Law and Administrative Process

Week 8 Assignment

Case Brief

Government Liability and the Federal Torts Claims Act

Details:

Write a case brief of 1,000-1,250 words by doing the following:

Discuss how government officials, when acting within the scope of their official duties, could be either liable or immune for an alleged tort.

Kirk v. Shawnee in Chapter 11 examines the context of federal tort claims act. Read the full case to brief the tort liability case

http://caselaw.findlaw.com/ks-court-of-appeals/1486305.html

Be certain you include all of the following components in your case brief:

State the issue.

State the rule of law.

Analyze the facts of the case.

Conclude by discussing what the court did.

Reflection. Add a reflection on what happened in the selected case and how, as a public administrator/manager, you think this ruling would impact the work of the agency highlighted.

Use the “Briefing a Case” document to assist you in completing the assignment.

Prepare this assignment according to the guidelines found in the APA Style Guide, located in the Student Success Center. An abstract is not required.

You are not required to submit this assignment to Turnitin.

This Benchmark Assignment assesses the following Masters of Public Administration Program competencies:

Competency 4.3: Analyze law and administrative processes relevant to public administration.