PPA 403 ENTIRE COURSE ALL DQS QUIZZES AND FINAL PAPER
PPA 403 Entire Course Administrative Law
All DQs ,Quizzes and Final Paper
Values in Administrative Law.
In the study of administrative law it is useful to differentiate the major valuesthat drive administrative policies. These include (a) promoting personal safety, (b) assuring social and economic justice, and (c) reallocating wealth. Think of an agency or program in government that illustrates each of these values and offer it in this discussion. Where, for example, does OSHA’s regulation of toxic substances in the workplace fit in this scheme? Which of these values figure into the government programs in the three cases in Chapter 2 of your text? Respond to at least two of your classmates’ postings.
The Federal Register.
As you read in Chapter 1 of your text, the federal bureaucracy issues thousands of administrative rules and policy statements each year. Visit The Office of the Federal Register online to view a recent Federal Register (the document in which agency actions are published) and go through the online tutorial. For this discussion, select an item posted in the Federal Register you have reviewed, then offer a summary and explain how it represents qualities of improving public safety, correcting a free market failure, or correcting inefficiency in an administrative process. Respond to at least two of your classmates’ postings.
Constitutional Limits on Agencies.
There are several constitutional limitations on government agency power in order to protect and preserve individual rights. Let us consider two of these: the freedom to contract and private property rights. Citing the text, respond to the following question: How is the“freedom of contract” limitation on regulatory power under the due process clause both similar and different from the “takings clause” limitation on regulatory power? Respond to at least two of your classmates’ postings.
Public Access to Information.
Public access to information and sunshine laws should be considered in all communication by all public servants (whether you are a line staff member or agency director). Technology adds another dimension to what is covered under administrative law in this area. E-mail correspondence can be requested under the freedom of information laws. Should e-mail communication among government officials also have to comply with sunshine laws? According to most sunshine laws, officials cannot meet to discuss public business without notifying the public of the meeting in advance. Consider the following scenario: In the case of Spokane County, Washington, there are only three county commissioners, so any communication between any two of them is automatically a policy-making majority. A reporter for the local paper asked the commissioners to release all of their e-mail over the past two months concerning county business. Assume that you are the attorney general in your state in charge of sunshine law enforcement. Given the political objectives of sunshine laws, how would you advise the public officials to handle their e-mail? Respond to at least two of your classmates’ postings.
Bias in Administrative Law.
The issue of bias is an important consideration in administrative agencies and judicial hearings. Discuss whether it is ethical for a judge to have personal ties with someone about whom they will be making a legal decision. Consider the following questions in your response: Does professionalism offer adequate checks and balances against bias in decision making? Should judges recuse themselves from decisions involving people with whom they have a personal relationship? Since situations often depend on the specific circumstances, are there circumstances in which you think a judge should definitely recuse him or herself? Are there other situations in which you think it may not be necessary? Respond to at least two of your classmates’ postings
Rulemaking in Practice.
Investigate and report on the rulemaking process for a government agency in your state. To get started, select a state agency (for example, one could look at the website for the Arizona Department of Health Services. You can access agency websites through a simple Google search or through your state government webpage). Then, search rulemaking or rules to find out about their process. As we know from the Federal Register activity in Week 1, publishing information online is an important means through which public agencies inform citizens of their activities. After you find state agency rulemaking information, tell us the agency, program and issue. Then address the following questions: What is the process followed? How much information is provided? Is public participation incorporated into the process? If so, how? Respond to at least two of your classmates’ postings.
The Continuum of Legal Formality.
There are a range of administrative procedures available to public administrators to handle administrative law issues. Administrators may accomplish tasks through informal procedures or they may conduct formal hearings. Statute may determine which procedures must be followed, or it may be up to the administrator’s discretion. In a two to three-page paper, discuss the main points along the continuum of legal formality (for an illustration see Appendix A, page 431 in the text) as well as the advantages and disadvantages of the levels of formality (or informality). Offer examples and cite the text to support your points. Use APA style as outlined in the approved APA style guide to document all sources.
Administrative Enforcement Tools.
Find an example of an administrative sanction (such as a fine or revocation of license) that has been imposed on a business or individual for noncompliance by a government agency from a government report, news article, or other reputable source. Offer a summary of the situation and explain how the sanction fits in with the categories offered in the APA, how it fits in (or is counter to) the material in the text, and the outcome, if available. Respond to at least two of your classmates’ postings.
Citing the text, discuss the rationale for judicial review and the judiciary’s role in checking and balancing the power of the other branches of government. What are the advantages and disadvantages of judicial review? Offer examples. Respond to at least two of your classmates’ postings.
Affirmative Action Policies. Affirmative action employment policies are often misunderstood. Many programs seek no more than to equalize racial or sexual balance in employment where occupational tests have little or no predictive power on job performance. Look-up one or two offices or policies of affirmative action and/or equal opportunity to see what agencies are doing in this area and report on your findings. In your response, also consider the following questions: Is there any legal or moral objection to such programs? What principles of justice, if any, support such affirmative action policies? How might an affirmative action officer shape their program to encourage a balanced mix in employment without raising claims of reverse discrimination? Respond to at least two of your classmates’ postings.
Privatization and Administrative Law.
In your readings issues are raised on the more recent debate of privatization (and outsourcing) of government activities to private companies. Describe what you see as some of the future implications of privatization for administrative law and public administration. Consider the following questions: Do you think it is feasible or reasonable to expect privatization of government activities to maintain the democratic ideals we expect? Do you think we should exchange some of our democratic expectations for possible efficiencies? Do you think some activities are better suited for privatization than others in light of these challenges? Respond to at least two of your classmates’ postings.
Select a U.S. Supreme Court case from the list below and read the full case involved as well as other supporting documents (see also the notes below on how to access case information through the AU online library).
Focus of the Final Paper
Please examine one of the cases from this list for your paper:
* Goldberg v. Kelly (1970)
* Chevron v. Natural Resources Defense Council, Inc. (1984)
* Massachusetts v. EPA (2007)
* Wyman v. James (1971)
* Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council (1978)
* Kelo v. City of New London (2005)
To locate the full Supreme Court opinion and additional background information on the cases, visit the Westlaw database available through Ashford’s online library. Once the Westlaw database webpage opens, select the “Law” tab and on the far left, second box down, you may search for cases by title.
Prepare an eight to ten page paper that addresses the following points:
- Offer a brief summary/historical overview of the circumstances in the case, the stakeholders, and the outcome sought by the plaintiff.
- Explain how the case qualified for judicial review in regards to the ripeness, standing, exhaustion of administrative remedies, and primary jurisdiction, as they apply.
- Analyze the case’s outcome. In your analysis, be sure to address the administrative action that took place in the case (if available), whether or not the court succeeded or failed in reducing arbitrariness, and the implications for future administrative actions (precedence).
Compare and contrast the U.S. health care system with that of another country. What are some of the major advantages and disadvantages inherent of both systems? Explain whether the selected country could learn from the U.S. health care system or if the U.S. could learn from the other country.