Category: Law and Ethics

Administrative law. Administrative law. Hypothetical Scenario
(also attached as document "finalproject_pa301…" )

Congress passed a statute entitled the Cell Phone Education Regulation Act
(CPERA) to confront the possession and use of cellular phones by students
in primary schools. Congress was concerned with the ability of students to
cheat on exams and other assessments by using text messaging and other
cellular functions, as well as the inability of school administration to address
and control the problem. In CPERA, Congress provided for the
establishment of the Cellular Educational Service (CES), an agency to
oversee the creation and enforcement of the necessary rules and regulations
to meet the objectives of CPERA.
CES unilaterally enacted a series of rules and regulations that required all
students to undergo a search of their clothes, backpacks, lockers, and desks
each morning. The rules also permitted random searches to take place. A
hidden provision in the regulation allowed for enforcement officials to target
their investigations more towards female students than male students, since
studies had shown that females talk on cellular phones more often than
males.
Penalties for violating CES rules and regulations include the following: for
a first offense, no hearing is held and the student receives a written warning;
for a second offense, a hearing conducted by school officials is held and an
automatic suspension is handed down; for a third offense, a full hearing is
held by a board for the CES, after which a guilty finding results in
expulsion, arrest, and incarceration for 30 days. School officials are also
permitted, under the regulations, to permanently keep any cellular phones
they confiscate.
A group of parents has come to the office where you work outraged by the
substance of these rules and regulations. They are also upset by the fact that
no notice was given or hearings held prior to the enactment of the rules and
regulations. Finally, they do not think it was permissible for Congress to
delegate to this agency the power to enforce regulations of this kind.
One parent in particular, Ted McKinley, is irate because his daughter,
Martha, was reported for committing a third offense of the rules and
regulations but was not given notice of her infraction or an opportunity to
appear and defend herself against the charges. Martha was immediately
expelled from school, arrested, and incarcerated. Her cellular phone was
taken and not returned to her or her parents. The board of the CES decided
that underage children lack sufficient capacity to appear of their own behalf
at agency hearings, and determined unilaterally that Martha was guilty of
violating the rules and regulations. Ted wishes to challenge in court the
agency’s decision as well as ascertain what remedies he has against the
government and school officials for their conduct.
Your final research project will require you to prepare a memorandum of
law to your supervising attorney outlining the issues and law associated with
the parents’ and Martha’s claims. In addition, you will be asked to prepare a
Motion for a Protective Order to prevent enforcement of the board’s
determination pending the outcome of the appeal.

Notes from the professor:

With respect to your Final Paper, please be sure to be specific as to the assumptions of fact you make regarding provisions of law. The assumption of facts permits you to demonstrate your understanding of the material by assuming variables which might be silent in the fact pattern but are relevant to your discussion, analysis, application of law and, ultimately, your legal conclusions.

Topics the teacher has cited to talk about in the APA memo:

As you proceed with your final paper project, please be sure that you address the following major administrative/constitutional issues:

Whether the Congressional delegation of power was proper and permissible?
Whether the enabling statute provides adequate/intelligible principles/guidelines?
Whether CES rules, regulations and actions are within the scope of delegated authority?
Whether CES rules, regulations and actions satisfied “rulemaking” requirements?
Whether CES exceeded its scope of delegated authority?
Whether CES rules, regulations and actions violate Due Process of Law?
Whether CES rules, regulations and actions violate the Fourth Amendment?
Whether CES rules, regulations and actions violate Equal Protection principles?
Whether the administrative adjudication process is permissible and adequate?
Whether Ted may seek judicial review of CES agency decisions and actions?
What legal remedies are available to Ted?

Final Paper References/Sources: In addition, you will undoubtedly find it necessary to consult with and rely upon most of the following major sources and references:

The Constitution of the United States (and relevant specific Amendments);
The Administrative Procedure Act;
The course textbook;
Relevant and applicable federal court decision (especially SCOTUS decisions);
Other relevant or applicable federal statutes;
The Federal Register and the Code of Federal Regulations;
Other relevant or applicable federal regulations;
Executive Orders;
Other relevant and applicable journal articles and scholarly publications

Paper requirements and outline format:

APA Memo format outline is attached as: " 301_Final_Paper_Outline_Fomat.."

And

If that link dose not work the three JPGs are screen shots of the out line and how the paper should be formatted.
.

Your final research project will require you to prepare a 4–6 page memorandum of law to your supervising attorney outlining the issues and law associated with the parents’ and Martha’s claims. In addition, you should prepare a Motion for a Protective Order to prevent enforcement of the board’s determination pending the outcome of the appeal.

Ensure that the Memorandum is:

4–6 pages in length;
Double-spaced and in a 12-point font;
Well-written and grammatically correct;
Organized in a logical fashion that makes it easy to follow and understand; and
Cited properly.
The viewpoint and purpose of this 4–6 page Memo should be clearly established and sustained. Assignment should follow the conventions of Standard American English (correct grammar, punctuation, etc.). Your writing should be well ordered, logical, and unified, as well as original and insightful. Your work should display superior content, organization, style, and mechanics. Use the appropriate citation style for all citations. More details can be found in the GEL 1.1 Universal Writing Rubric.

Grading Rubric:

there is the grading rubric that the assignment will be graded off of attached as "Grading Rubric Project"

references:
Can you please cite the text book at least once .

The text book being used in the course is:

Administrative Law: BUREAUCRACY IN A DEMOCRACY

FIFTH EDITION
Daniel E. Hall, J.D., Ed.D.
Miami University Hamilton

9781269309363
Editorial Director: Vernon Anthony

Acquisitions Editor: Gary Bauer

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Cover Designer: Suzanne Duda

Cover Art: GettyImages

Full-Service Project Management: Antima Gupta, Aptara®, Inc.

Composition: Aptara®, Inc.

Printer/Binder: Edwards Brothers

Cover Printer: Lehigh-Phoenix Color

Text Font: Minion

Credits and acknowledgments borrowed from other sources and reproduced, with permission, in this textbook appear on the appropriate page within the text.

Photo Credits: Chapter opener photo, Shutterstock; Corbis, pp. 55, 75, 112, 267.

Copyright © 2012, 2009, 2006 Pearson Education, Inc., publishing as Prentice Hall, 1 Lake Street, Upper Saddle River, New Jersey, 07458. All rights reserved. Manufactured in the United States of America. This publication is protected by Copyright, and permission should be obtained from the publisher prior to any prohibited reproduction, storage in a retrieval system, or transmission in any form or by any means, electronic, mechanical, photocopying, recording, or likewise. To obtain permission(s) to use material from this work, please submit a written request to Pearson Education, Inc., Permissions Department, 1 Lake Street, Upper Saddle River, New Jersey 07458.

Many of the designations by manufacturers and seller to distinguish their products are claimed as trademarks. Where those designations appear in this book, and the publisher was aware of a trademark claim, the designations have been printed in initial caps or all caps.

Library of Congress Cataloging-in-Publication Data

Hall, Daniel (Daniel E.)

Administrative law : bureaucracy in a democracy / Daniel E. Hall.—5th ed.

p. cm.

ISBN-13: 978-0-13-510949-6

ISBN-10: 0-13-510949-3

1. Administrative law—United States. I. Title.

KF5402.H35 2012

342.73′06—dc22

2011000767

www.pearsonhighered.com

ISBN 10: 0-13-510949-3

ISBN 13: 978-0-13-510949-6

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Administrative law

Administrative law