Administrative Law

  1. American criminal law typically has its origins in the English Common Law. What does that mean, and what is its importance?
  2. Criminal law is generally based on the concept of "Mens Rea" or guilty mind, while administrative laws frequently have no such requirement. Consider this difference and discuss the meaning for both criminal and administrative law enforcement.
  3. Some of the key rights in the "Bill of Rights" relate to self incrimination, due process, and right to counsel. These rights, but not all "Bill of Rights" protections have been incorporated to the states. What do we mean with this concept of incorporation, how was it implemented, and should the entire bill of rights be incorporated? Why or why not? In considering this question think about the recent Supreme Court decision relating to gun ownership.
  4. Regulatory processes take place at all levels of government, with local processes contained in municipal corporations, county governments, and special purpose units. Discuss how each of these entities conducts regulatory processes.
  5. The growth of government surrogates has transferred significant and traditional governmental powers to private entities (consider non-profits providing child protective services, corrections corporations, administration of health care programs, etc), discuss the pros and cons of this trend?