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PPA 403 Entire Course (Ash)

For more course tutorials visit www.ppa403.com PPA 403 Week 1 DQ 1 Values in Administrative Law PPA 403 Week 1 DQ 2 The Federal Register PPA 403 Week 1 Quiz PPA 403 Week 2 DQ 1 Constitutional Limits on Agencies PPA 403 Week 2 DQ 2 Public Access to Information PPA 403 Week 2 Quiz PPA 403 Week 3 DQ 1 Bias in Administrative Law PPA 403 Week 3 DQ 2 Rulemaking in Practice PPA 403 Week 3 Quiz PPA 403 Week 3 The Continuum of Legal Formality PPA 403 Week 4 DQ 1 Administrative Enforcement Tools PPA 403 Week 4 DQ 2 Judicial Review PPA 403 Week 4 Quiz PPA 403 Week 5 DQ 1 Affirmative Action Policies PPA 403 Week 5 DQ 2 Privatization and Administrative Law PPA 403 Week 5 Final Paper -----------------------------------------------------------------------


PPA 403 Week 1 DQ 1 Values in Administrative Law (Ash)

For more course tutorials visit www.ppa403.com 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. -----------------------------------------------------------------------

PPA 403 Week 1 DQ 2 The Federal Register (Ash)

For more course tutorials visit www.ppa403.com 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. -----------------------------------------------------------------------

PPA 403 Week 1 Quiz (Ash)

For more course tutorials visit www.ppa403.com 1.Question : In our democratic system we expect that government justify its uses of power in terms of legal rules and procedures. 2.Question : The Administrative Procedure Act (APA) effectively judicialized all administrative action without exception. 3.Question : There are six (6) regional U.S. Courts of Appeals or circuit courts which hear most of the appeals from administrative agencies. 4.Question : A statute is a law determined in an administrative agency. 5.Question : One can think of administrative law as both limiting and empowering administrative government at the same time. 6.Question :


Administrative law depends solely on court created rules and procedures to control power. 7.Question : The courts primary role in administrative law is predominantly procedural. 8.Question : Common law is the system by which judges use precedent rather than statutes to decide conflicts. 9.Question : Adam Smith in The Wealth of Nations recognized that the state played an important role in policing and maintaining order for the “free market�. 10.Question : Regulatory government allows for little discretion and thus no human error, so there is little need to correct for shortcomings. -----------------------------------------------------------------------

PPA 403 Week 2 DQ 1 Constitutional Limits on Agencies (Ash)

For more course tutorials visit www.ppa403.com 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. -----------------------------------------------------------------------

PPA 403 Week 2 DQ 2 Public Access to Information (Ash)

For more course tutorials visit www.ppa403.com 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 policymaking 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. -----------------------------------------------------------------------

PPA 403 Week 2 Quiz (Ash)

For more course tutorials visit www.ppa403.com 1.Question : The Court’s ruling in the Chevron case established an active role for the Court’s in interpreting statute with the goal of superseding agency interpretation. 2.Question : The Freedom of Information Act is the most significant law for expanding access to information about the government. 3.Question : The issues of “takings” and “just compensation” always include clear definitions and straightforward compensation packages to individuals from the government. 4.Question : The Bill of Rights does not contain any relevant information which is applied in administrative law. 5.Question : As long as an administrative investigation is not intended to locate a crime and lead to arrest, the Court has traditionally ruled in favor of the


administrative agencies right to inspection for such things as welfare eligibility and inspection. 6.Question : There are nine categories of information exempt from disclosure under the Freedom of Information Act. 7.Question : Civil liberties protections are rarely applied in administrative and regulatory contexts. 8.Question : Laissez faire lawyers could generally be seen as working to convince judges to strike down legislation which interfered with the economic rights of individuals. 9.Question : In Lochner the Court gave public or social interests defined by the state legislature priority over private property or economic interests. 10.Question : The basic rules for administrative investigations have the same constitutional origin as do the more familiar rules governing polices searches and interrogations. -----------------------------------------------------------------------

PPA 403 Week 3 DQ 1 Bias in Administrative Law (Ash)

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www.ppa403.com 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 -----------------------------------------------------------------------

PPA 403 Week 3 DQ 2 Rulemaking in Practice (Ash)

For more course tutorials visit www.ppa403.com 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. -----------------------------------------------------------------------

PPA 403 Week 3 Quiz (Ash)

For more course tutorials visit www.ppa403.com 1.Question : Both the federal government and state governments must afford citizens due process of law. 2.Question : Administrative law issues are handled at various levels of formality from informal to formal depending on the issue, the applicable statutes, authority, and intensity of disagreement. 3.Question : Timely and adequate notice to potentially affected parties is necessary for fair administrative hearings. 4.Question : Given that agencies may often choose to follow either the rulemaking or adjudication process, they may at times find it advantageous to achieve


their goals by avoiding the formality of a hearing by changing the title of their actions to rulemaking. 5.Question : When an agency adjudicates an issue, legal formalities are usually involved. 6.Question : Informal rulemaking is a rarely used administrative tool. 7.Question : An agency must always follow an administrative law judge’s decision. 8.Question : The Administrative Procedure Act does not address the opportunity to present one’s case in writing. 9.Question : Regulatory negotiation uses private mediators to resolve conflicts between parties after the formal hearing process. 10.Question : There is a current increase in agency use of administrative law judges to conduct formal hearings. -----------------------------------------------------------------------

PPA 403 Week 3 The Continuum of Legal Formality (Ash)

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www.ppa403.com 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. -----------------------------------------------------------------------

PPA 403 Week 4 DQ 1 Administrative Enforcement Tools (Ash)

For more course tutorials visit www.ppa403.com 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.


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PPA 403 Week 4 DQ 2 Judicial Review (Ash)

For more course tutorials visit www.ppa403.com Judicial Review. 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. -----------------------------------------------------------------------

PPA 403 Week 4 Quiz (Ash)

For more course tutorials visit www.ppa403.com 1.Question : Criminal penalties as an administrative sanction result only from proceedings in the regular courts, not directly from an administrative order. 2.Question : Enforcement is the last step for an agency to achieve its policy goals. 3.Question :


No options other than formal adjudication exist for administrative enforcement. 4.Question : An agency’s goal through enforcement and threats of enforcement is to gain voluntary compliance. 5.Question : Agencies whose programs involve financial decisions can use economic sanctions to achieve policy aims. 6.Question : Compliance occurs when actions are consistent with legal commands. 7.Question : A central question regarding the scope of judicial review is how much deference courts should give to an agency’s interpretation of its own statutory authority. 8.Question : Administrative fines may only be implemented through court order so are a rarely used administrative sanction. 9.Question : The scope of judicial review includes the premise that courts, like legislatures, make laws and public policy. 10.Question : Judges often seek out controversies to rule upon which have yet been formally entered as a lawsuit.


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PPA 403 Week 5 DQ 1 Affirmative Action Policies (Ash)

For more course tutorials visit www.ppa403.com 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. -----------------------------------------------------------------------

PPA 403 Week 5 DQ 2 Privatization and Administrative Law (Ash)

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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. -----------------------------------------------------------------------

PPA 403 Week 5 Final Paper (Ash)

For more course tutorials visit www.ppa403.com Final Paper 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: 1. Offer a brief summary/historical overview of the circumstances in the case, the stakeholders, and the outcome sought by the plaintiff. 2. Explain how the case qualified for judicial review in regards to the ripeness, standing, exhaustion of administrative remedies, and primary jurisdiction, as they apply. 3. 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). -----------------------------------------------------------------------


Ppa 403 entire course (ash)