THE LEGAL ENVIRONMENT OF PUBLIC MANAGEMENT: PA 7332

DEPARTMENT OF PUBLIC AFFAIRS

SCHOOL OF ECONOMIC, POLITICAL, AND POLICY SCIENCES
THE UNIVERSITY OF TEXAS AT DALLAS

FALL 2008
WESTEC ROOM NUMBER 1.216
MONDAY: 7:00 – 9:45 P.M.

Instructor: Stephanie Newbold, Ph.D.

Email: stephanie.newbold@utdallas.edu
Phone: 972.883.5341
Office: Westec Building 1.212
Office Hours: Before Class & By Appointment

COURSE DESCRIPTION:

The purpose of this course is to examine the legal foundation and environment of public
management in the United States, a subject matter central to the intellectual, institutional,
and constitutional dynamics of public administration scholarship and practice. We will
emphasize how the Constitution affects the administrative state as well as how the
judiciary struggles to shape the public administrative process in its own image. This
course will explore the need for public managers to exhibit constitutional competence
while simultaneously examining how constitutional and administrative law influences the
decision-making processes and discretionary judgments of public mangers working in
public agencies.

COURSE GOALS AND OBJECTIVES:

By the end of this doctoral seminar, students will be able to:

Develop an institutional, intellectual, and historical foundation for how the legal
environment of public affairs shapes various dynamics of public management at all
levels of government.

Identify the core elements of administrative law.

Discuss and analyze how the judiciary shapes the legal environment of the
administrative state and the nation’s democratic institutions.

Improve writing quality and analytical thinking.

REQUIRED TEXTS:

Breyer, Stephen. 2005. Active Liberty: Interpreting our Democratic Constitution.

New York: Alfred A. Knopf.

Cooper, Phillip J. 2007. Public Law and Public Administration. 4th ed. Thompson-
Wadsworth Publishers.

Lee, Yong S. 2005. A Reasonable Public Servant: Constitutional Foundations of

Administrative Conduct in the United States. Armonk, NY: M.E. Sharpe.

Rosenbloom, David H. 2002. Building a Legislative-Centered Public Administration:

Congress and the Administrative State, 1946-1999. Tuscaloosa: University of
Alabama Press.

Selected State, Federal, and Supreme Court cases, which can be found on-line at
www.findlaw.com, www.lexisnexus.com, www.westlaw.com, or in the library’s
government documents section.

RECOMMENDED TEXTS:

The following texts are not required but are recommended to students as excellent
sources in the area of constitutional and administrative law. They provide additional
commentary on many of the topics discussed in this course and would be welcome
additions to any public administration library.

Asimow, Michael, Arthur Earl Bonfield, and Ronald Levin. 1998. State and Federal
Administrative Law, 2nd Ed. St. Paul, MN: West Group.

Cooper, Phillip J. 2005. Cases on Public Law and Public Administration. Thompson-
Wadsworth.

Cooper, Phillip J. and Chester A. Newland, Eds. 1997. Handbook of Public Law and
Administration. San Francisco: Jossey-Bass.

Glendon, Mary Ann. 1991. Rights Talk: The Impoverishment of Political Discourse.
New York: Free Press.

Kerwin, Cornelius M. 1999. Rulemaking: How Agencies Write Law and Make Policy,
2nd ed. Washington, DC: Congressional Quarterly.

Rohr, John A. 2002. Civil Servants and their Constitutions. Lawrence: University of
Kansas Press.

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Rohr, John A. 1995. Founding Republics in France and America: A Study in
Constitutional Governance. Lawrence: University Press of Kansas.

Rohr, John A. 1989. Ethics for Bureaucrats: An Essay on Law and Values, 2nd ed. New
York: Marcel Dekker.

Rosenbloom, David H. 2003. Administrative Law for Public Managers. Boulder, CO:
Westview.

Rosenbloom, David H., James D. Carroll, and Jonathan D. Carroll. 2000. Constitutional
Competence for Public Managers: Cases and Commentary. Itasca, IL: F.E.
Peacock.

Westin, Alan F. 1990. The Anatomy of a Constitutional Law Case. New York:
Columbia University Press.

COURSE REQUIREMENTS & EXPECTATIONS:

Three Written Reviews:

Students are required to submit reviews on rulemaking, adjudication, and judicial review.
Each review should be approximately ten (10) typed, double-spaced pages. We will
discuss each of these areas of administrative law in class prior to submission. Reviews
will be due on the following dates:

Rulemaking: Class VII, October 8

Adjudication: Class IX, October 20
Judicial Review: Class XII, November 10

Group Presentation & Individual Reaction:

Group projects and presentations are excellent ways for students to learn outside the
classroom, to educate and learn from their peers on a particular subject matter, and to
build teamwork skills. For this course, students will form their own groups, no larger
than four members, and select a Supreme Court case from the Roberts Court (September
2005 – present) of their choosing to present to the class. No group can examine the same
case as another. The presentation should cover the background history of the case, the
constitutional question(s) it raises for the Court; the key arguments for each position; how
the Court ruled; why the Justices came to their decision; and the strengths and
weaknesses of the affirming and dissenting opinions.

In addition to the group presentation, students are required to write an individual reaction
to the case they examined. For this component of the assignment, students are to
elaborate on the fundamentals of the case and the key points highlighted in their group
presentation. The individual analysis is due on the day (class XIII, XIV, or XV) of the
group presentation. This assignment should be approximately 10 to 12 pages in length.

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Students are free to form their own groups and select their own cases. A list of group
participants and the case being examined is due to the professor no later than the third
class.

Final Examination:
There will be one examination at the end of the course, consisting of two parts. First,
students will be given six questions to take home and are required to answer at least
three. This component of the exam should not exceed ten (10) typed, double-spaced
pages. Students, for the second part of the exam, will write a reaction to Justice Stephen
Breyer’s work Active Liberty. This analysis should be no less than ten (10) typed,
double-spaced pages. The final exam is due by 5:00 p.m. on Monday, December 8th. For
this assignment only, essays can be submitted to the professor’s office or by e-mail.

Review of Rosenbloom’s Building A Legislative Centered Public Administration:

Students are to submit a written reaction to David Rosenbloom’s Building A Legislative
Centered Public Administration. This work not only provides a welcomed addition to the
administrative history of American public administration but it also highlights the
changing role of Congress in shaping the legal environment of the administrative state.
This reaction should be no less than fifteen (15) typed, double-spaced pages. This
reaction is due on or before Class XI, November 3.

Class Attendance & Participation:

Students are expected to attend class on-time and to participate in discussions. If you
cannot attend class or will be late, please inform the instructor as soon as possible.
Excessive absences and tardiness will affect your grade negatively.

Extensions and Special Exceptions for Assigned Work:

Students are expected to submit work on time. Unless prior arrangements are made with
the instructor, work submitted after the due date will be penalized a full letter grade for
each day late, including weekends. Emailed assignments will not be accepted unless the
student has made prior arrangements with the professor before the assignment is due.

Writing Expectations:
All written work submitted for this course must be typed and double-spaced. Correct
English, grammar, spelling, and punctuation is expected. Papers that do not meet this
expectation will be penalized; the worse the grammatical infraction(s) the more steep the
penalty. Graphs, charts, bullets, etc. should not be used for any of the assignments
submitted for this course. Students should write only in complete sentences. Please
remember that paragraphs consist of three or more complete sentences. All written work
should follow the Turabian format, should be submitted with a title page, and paginated.

Students with Disabilities:

Students classified as disabled under the Americans with Disabilities Act should advise
the professor of their condition, no later than the second class, so appropriate
accommodations can be made.

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Academic Integrity:
Students are expected to uphold the University honor code at all times.

General Disclaimers:
(1) The professor can amend the course syllabus at any time. If necessary, the professor
will announce and discuss these changes in class.

(2) Tape recorders are not permitted.

GRADING:

The evaluation for this course is based on the following percentages:

3 Written Reviews: 30%

Final Exam: 30%**
Group Presentation &
Individual Reaction 20%
Rosenbloom Critique: 15%
Class Participation: 5%

**The question part of the examination will count 15 percent; the reaction to Justice
Breyer’s work will count 15 percent.

COURSE CALENDAR:

CLASS I -COURSE INTRODUCTION:

AUGUST 25
-Review of the Syllabus & Course Expectations

-Historical Overview of Administrative Law in the United States

-View Film on the Role of the Courts in Preserving American

Constitutional Tradition

CLASS II LABOR DAY – NO CLASS

SEPTEMBER 1

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CLASS III THE ANATOMY OF AN ADMINISTRATIVE LAW CASE
SEPTEMBER 8 -Lee, Chapter 4:
Property Rights, Liberty, and Procedural Due Process

-Goldberg v. Kelly, 397 U.S. 254 (1970)

-Cooper: Appendix I – Mathews v. Eldridge 424 U.S. 319 (1976),

p. 580-628

-FDA v. Brown and Williamson Tobacco Corporation, 120 S. Ct.

1291 (2000)

-Texas & Pacific Railway Co. v. Abilene Cotton Oil Co., 204 U.S.
426 (1907)

CLASS IV WHY THE PAST IS IMPORTANT – PROVIDING A HISTORICAL

SEPTEMBER 15 FOUNDATION FOR ADMINISTRATIVE LAW IN THE UNITED STATES

-Cooper: Chapter 4;
A History of Law and Administration

-Lee: Part I, Chapters 1-3:

Constitutional Foundations of Public Service

-Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803)

-McCulloch v. Maryland, 17 U.S. (4 Wheat.) 316 (1819)

-Gibbons v. Ogden, 22 U.S. (9 Wheat.) 1 (1824)

-Group Presentation Information Due at the Beginning of

Class

CLASS V RULEMAKING I
SEPTEMBER 22
-Cooper: Appendix 3: The Administrative Procedure Act
Pay Close Attention to Sections 553 & 556-557

-Cooper: Chapter 5, p. 133-187

-Newbold, S. and D. Rosenbloom. (2007). “Critical Reflections

on Hamiltonian Perspectives on Rule-Making and Legislative
Proposal Initiatives by the Chief Executive.” Public
Administration Review, 67(6): 1047-56.

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 -SUGGESTED READING, BUT NOT REQUIRED:
Newbold, S. and D. Rosenbloom, Editors. (2007). “Brownlow
Report Retrospective.” Public Administration Review, 67(6):
1006-9; AND

-“Concluding the Symposium on the 70th Anniversary of the

President’s Committee on Administrative Management.” Public
Administration Review, 67(6): 1057-58.

CLASS VI RULEMAKING II
SEPTEMBER 29
-Chocolate Manufacturers Association of the United States v.
Block, 755 F2nd 1098, 4th Circuit (1985)

-U.S. et al. v. Florida East Railway Co. et al. (1973) 410 U.S. 224.

-Vermont Yankee Nuclear Power Corporation v. Natural

Resources Defense Council, 98 S. Ct. 1197 (1978)

-Hoctor v. United States Department of Agriculture, 82 F3rd 165,

7th Circuit (1996)

CLASS VII ADJUDICATION I

October 6 -Cooper: Chapter 6, p. 188-231

RULEMAKING PAPER DUE

CLASS VIII ADJUDICATION II

OCTOBER 13
-Londoner v. Denver, 210 U.S. 373 (1908)

-Bi-Metallic Investment Co. v. State Board of Equalization, 239

U.S. 441 (1915)

-Richardson v. Wright, 405 U.S. 208 (1972)

-City of West Chicago v. Nuclear Regulatory Commission, 701 F2d

632, 7th Circuit (1983)

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CLASS IX JUDICIAL REVIEW I
OCTOBER 20 -Cooper: Chapter 7, p. 239-276

ADJUDICATION PAPER DUE

CLASS X JUDICIAL REVIEW II

OCTOBER 27
-Chevron, USA, Inc. v. Natural Resources Defense Council, 467
U.S. 837 (1984)
**Pay particular attention to Parts I, II, & VII.

-Motor Vehicle Manufacturers Association v. State Farm Mutual

Automobile Insurance Company, 463 U.S. 29 (1983)

-Connecticut State Medical Society v. Connecticut Board of

Examiners in Podiatry, 546 A2d 830 (Connecticut 1988)

-California Hotel and Motel Association v. Industrial Welfare

Commission, 25 Cal.3d 200 (1979)

CLASS XI JUDICIAL REVIEW III

NOVEMBER 3
United States v. Mead, 121 S Ct. 2164 (2001)
**Pay particular attention to Justice Scalia’s Dissent

DeShaney v. Winnebago County Department of Social Services,

489 U.S. 189 (1989)

-Printz v. United States, 521 U.S. 898 (1997)

-United States v. Lopez, 514 U.S. 549 (1995)

-Discuss Rosenbloom.

ROSENBLOOM CRITIQUE DUE

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CLASS XII THE CONSTITUTION AND CIVIL SERVANTS
NOVEMBER 10
-Cooper: Chapter 12, p. 473-509

-Lee: Chapter 5, p. 85-110; Chapter 6, p. 111-131; & Chapter 7, p.

132-151

-Regents of the University of California v. Bakke, 438 U.S. 265

(1978)

-Adarand Constructors v. Pena, 516 U.S. 200 (1995)

-Grutter v. Bollinger, 539 U.S. 306 (2003)

-Gratz v. Bollinger, 539 U.S. 244 (2003)

-JUDICIAL REVIEW PAPER DUE

CLASS XIII POLITICAL AND ADMINISTRATIVE RESPONSIBILITY IN

NOVEMBER 17 CONTEMPORARY DEMOCRATIC GOVERNANCE

-Immigration and Naturalization Service v. Chadha, 462 U.S. 919

(1983)

-Clinton v. City of New York, 524 U.S. 417 (1998)

-West v. Atkins, 487 U.S. 82 (1988)

-Richardson v. McKnight, 521 U.S. 399 (1997)

CLASS XIV GROUP PRESENTATIONS

NOVEMBER 24

CLASS XV GROUP PRESENTATIONS

DECEMBER 1
DISTRIBUTE FINAL EXAM:
Due by 5:00 p.m., Monday, December 8, 2008
Students are permitted to submit Final Exams electronically

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