memorandum for: administrative law students - UMKC School of Law

MEMORANDUM
TO:
FROM:
SUBJECT:
Administrative Law Students
Professor William G. Eckhardt
“Syllabus”
DATE: January 7, 2011
1. Welcome to Administrative Law. From initial appearances, we will learn well together.
2. Since we move through the book in order, I do not have a formal syllabus. Prior classes have
covered--without rushing--the entire book. We will move at a pace of approximately 20 to
30 pages a session.
3. Our books are as follows:
a. (Required) Text: Administrative Law: A Casebook, 7th Edition by Bernard Schwartz,
Roberto L. Corrada and J. Robert Brown, Jr., (Aspen Publishers) © 2010, ISBN
9780735587465.
b. (Required) Hornbook: Understanding Administrative Law, 5 th Edition by William F. Fox,
(LexisNexis) © 2008, ISBN 9781422417140. A helpful modern Hornbook.
c. (Required) Supplement: An Introduction to Statutory Interpretation and the Legislative
Process by Abner J. Mikva and Eric Lane, (Aspen Publishers) © 1997, ISBN
9781567066128. This is a wonderful “little book” on working with statutes--the heart of
administrative law. It is required outside reading.
d. (Recommended) Supplement: Gellhorn and Levin’s Administrative Law and Process in a
Nutshell, 5 th Edition (Nutshell Series) by Ernest Gellhorn and Ronald M. Levin, (West Law
School) © 2006, ISBN 9780314144362. This “Nutshell” is unusually good. It will help
crystallize complex theoretical ideas.
4. The fundamental concepts of administrative law are essential for the successful practice of
law. This can be a dry and difficult subject. I will do my best to make it interesting and
relevant. My experience indicates that this is one of the most important law school subjects.
5. Our cases need to be read on several levels. First, study the system for resolving the problem
facing the agency and the court. Second, think about the governmental political problem or
the due process concerns involved. Third, understand the general legal principles involved as
1

well and the resolution of the specific matter at issue.
6. Two or three students will be assigned--in advance--for every case. I respectfully request that
you stand as we discuss the law. We will be building lawyer skills as we learn the
substantive law.
7. Note the attached attendance policy. It is more restrictive than the normal law school
attendance policy.
8. Please be prepared to discuss the following assigned cases:
A. Gilmore v. Lujan, p. 1 G. Free Enterprise Fund v. Public Accounting
- Bailey, Jonathan Oversight Board, p. 55
- Baker, Corey - Whited, Samantha
- Carney, Brando - Wielert, Corey
- Williams, William Hampton
B. Wyeth v. Levine, p. 6 H. Mistretta v. United States, p. 76
- Dunleavy, Erin - Bailey, Jonathan
- Emmons, Jared - Baker, Corey
- Haslam, Michael - Carney, Brando
C. Immigration and Naturalization I. American Trucking Ass’ns. v. EPA, p. 86
Service v. Chadha, p. 18
- Dunleavy, Erin
- Hawkins, Christopher - Emmons, Jared
- Kimble, Brandon - Haslam, Michael
- Lange, Evan
D. Johnson v. U.S. Railroad J. Whitman v. American Trucking Ass’ns., p. 93
Retirement Board, p. 30
- Hawkins, Christopher
- Maul, Jami - Kimble, Brandon
- Mossberger, Cory - Lange, Evan
- Murdick, David
E. Humphrey’s Executor v. U.S., p. 40 K. State v. All Pro Paint & Body Shop, p. 99
- Sonderegger, Stephanie - Maul, Jami
- Stigall, James - Mossberger, Cory
- Sullivan, Justin - Murdick, David
F. Morrison v. Olson, p. 43
- Swann, Kristen
- VanAuken, Peter
- Werner, Sarah
2

Eckhardt Attendance Policy
Spring 2011
Administrative Law
Take careful note that my attendance policy for this class is more stringent than the
general UMKC School of Law attendance policy. It is your responsibility to be
knowledgeable of my class attendance policy.
1. Attendance will be taken each day of class by distributing a sign-in sheet consisting of a
current class roster, or a suitable alternative. If a sign-in sheet is used, each student in
attendance must sign the roster next to his or her name. It is your responsibility to sign
in to document your attendance.
2. Students are allowed 3 absences from class for the semester. A fourth and fifth
absence will result in a one-step grade reduction to be assessed by the Dean’s Office,
e.g., from “B” to “B-”. If there are extenuating circumstances that cause you to go over
the maximum allowable absences (3), you must consult with me so that I can determine
if other academic requirements should be imposed in lieu of a grade reduction.
3. Six absences from class will result in an administrative withdrawal from my course
provided that the student is in good standing at that time, i.e., provided the student has
not earned the grade of “F” for work completed at the time of withdrawal. Students who
are not in good standing will receive a grade of “WF” for the course.
4. Students may appeal a grade-assessment or involuntary course withdrawal to the
Associate Dean in writing within one week of notification of the assessment/withdrawal.
5. Students will be responsible for monitoring their own compliance with this policy.
6. Falsification of attendance records constitutes a violation of the UMKC School of Law
Honor Code.
3