GCU ADM636 All Weeks Discussions

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.