Assignment Instructions

Material from outside class is allowed for the two papers, but you must provide citations so I can check for plagiarism CHOOSE ONE OF THE FOLLOWING Paper 1: Administrative Due Process Scenario, Due Wed., June 3, 5 pm Basic task: Learn about a specific administrative appeals process and demonstrate that you can apply that knowledge. Required elements: 1) Learn about the hearings process for one of the following: a) a Medicaid appeal (Oregon), b) a general state administrative appeal(Oregon), c) a Social Security disability claim appeal(US), or d) a claim for employment discrimination with the EEOC (US). You may use other materials, but you MUST look at one of the websites below. 2) Write a 2-4 double-spaced paper that does the following; a) creates a scenario with a fictional named party who seeks a hearing in one of these four contexts; b) describes the programs associated with the process, how the appeals process operates and the affected party’s options regarding making an appeal to the decision; c) identifies what they can do to enhance their chances of success. APPEAL SITUATION CHOICES: 1. Oregon Office of Administration Hearings, “Representing Yourself”, https://www.oregon.gov/oah/pages/representing_yourself.aspx 2. OregonLawHelp.org, “DHS Administrative Hearings”, https://oregonlawhelp.org/resource/dhs-administrative-hearings 3. Social Security Administration, Video: “The Social Security Disability Claims Process”, https://www.youtube.com/watch?v=OvQFbwq4dNA&list=PLGSYaZN04xzFCoEqDlY3n7xgWLh55vvDh 4. U.S. Equal Economic Opportunity Commission(EEOC) discrimination claims process. Look at both of these: EEOC: Two documents: a) “How to Prepare for a Hearing”, http://eeo21.com/Fed_EEOC_hearing_how_to_prep.html b) Document: “EEOC Complaint Process” contained in Section 3 Readings Paper 2: Case Brief Comparison, due Wednesday, June 3, 5 pm Pick one of the three case pairs below. The opinions for the cases can be found through either the U.S. Supreme Court website https://www.supremecourt.gov/ , State of Oregon Law Library https://www.courts.oregon.gov/publications/Pages/default.aspx , the Cornell Legal Information Institute , Justia: https://supreme.justia.com/ , Oyez, https://www.oyez.org/cases, or Findlaw: https://caselaw.findlaw.com . 1. Agency discretion Weyerhaeuser Co. v. U.S. Fish and Wildlife Service, SCOTUS (2018) Decker v. Northwest Environmental Defense Center, SCOTUS (2012) 2. Rulemaking Perez v. Mortgage Bankers Association, SCOTUS (2015) Nay v. Dept. of Human Services, Oregon Supreme Court, (2016) 3. Administrative Due Process Logan v. Zimmerman Brush Co., SCOTUS (1982) Cole/Dinsmore v. DMV, Oregon Supreme Court (2004) 4. Government Immunity Campbell-Ewald Company v. Gomez, SCOTUS (2015) Vaughn v. First Transit, Inc., Oregon Supreme Court (2009). The paper must do the following: 1) Introduce the central shared topic of the cases and explain why that topic matters. 2) For your selected cases you must do the following: a) State the facts of the case. – Who are the named parties, what is the background of the dispute; b) Discuss key legal questions, what did the relevant supreme court decide, what are the 1-3 key points in the dissenting opinions (if there are any). 3) Conclude by comparing what the two cases had to say about the central shared topic. Criteria for evaluation: Completeness: Does it address all parts of the question Concreteness: Are there specific terms, cases, or other details central to the subject Correctness: Is the grammar and spelling proper Craft: Does it address the question in an interesting, creative, and thematic way. ALL LATE WORK IS MARKED DOWN by 10% per day late, 5% if submitted before 11:59 pm of the due date..  
 Material from outside class is allowed for the two papers, but you must provide citations so I can check for plagiarism
 
 
CHOOSE ONE OF THE FOLLOWING
 
Paper 1: Administrative Due Process Scenario, Due Wed., June 3, 5 pm
Basic task: Learn about a specific administrative appeals process and demonstrate that you can apply that knowledge.
 
Required elements:
1) Learn about the hearings process for one of the following: a) a Medicaid appeal (Oregon), b) a general state administrative appeal(Oregon), c) a Social Security disability claim appeal(US), or d) a claim for employment discrimination with the EEOC (US).
You may use other materials, but you MUST look at one of the websites below.
 
2) Write a 2-4 double-spaced paper that does the following;

  1. a) creates a scenario with a fictional named party who seeks a hearing in one of these four contexts;
  2. b) describes the programs associated with the process, how the appeals process operates and the affected party’s options regarding making an appeal to the decision;
  3. c) identifies what they can do to enhance their chances of success.

 
APPEAL SITUATION CHOICES:

  1. Oregon Office of Administration Hearings, “Representing Yourself”, https://www.oregon.gov/oah/pages/representing_yourself.aspx
  2. OregonLawHelp.org, “DHS Administrative Hearings”, https://oregonlawhelp.org/resource/dhs-administrative-hearings
  3. Social Security Administration, Video: “The Social Security Disability Claims Process”, https://www.youtube.com/watch?v=OvQFbwq4dNA&list=PLGSYaZN04xzFCoEqDlY3n7xgWLh55vvDh
  4. U.S. Equal Economic Opportunity Commission(EEOC) discrimination claims process. Look at both of these:

EEOC: Two documents: a)  “How to Prepare for a Hearing”, http://eeo21.com/Fed_EEOC_hearing_how_to_prep.html

  1. b) Document: “EEOC Complaint Process” contained in Section 3 Readings

 
 
Paper 2: Case Brief Comparison, due Wednesday, June 3, 5 pm
 
Pick one of the three case pairs below. The opinions for the cases can be found through either the U.S. Supreme Court website https://www.supremecourt.gov/ , State of Oregon Law Library https://www.courts.oregon.gov/publications/Pages/default.aspx , the Cornell Legal Information Institute , Justia: https://supreme.justia.com/ , Oyez, https://www.oyez.org/cases, or Findlaw: https://caselaw.findlaw.com .
 

  1. Agency discretion

Weyerhaeuser Co. v. U.S. Fish and Wildlife Service, SCOTUS (2018)
Decker v. Northwest Environmental Defense Center, SCOTUS (2012)
 

  1. Rulemaking

Perez v. Mortgage Bankers Association, SCOTUS (2015)
Nay v. Dept. of Human Services, Oregon Supreme Court, (2016)
 

  1. Administrative Due Process

Logan v. Zimmerman Brush Co., SCOTUS (1982)
Cole/Dinsmore v. DMV, Oregon Supreme Court (2004)
 

  1. Government Immunity

Campbell-Ewald Company v. Gomez, SCOTUS (2015)
Vaughn v. First Transit, Inc., Oregon Supreme Court (2009).
 
The paper must do the following:
1) Introduce the central shared topic of the cases and explain why that topic matters.
2) For your selected cases you must do the following:

  1. a) State the facts of the case.

– Who are the named parties, what is the background of the dispute;

  1. b) Discuss key legal questions, what did the relevant supreme court decide, what are the 1-3 key points in the dissenting opinions (if there are any).

3) Conclude by comparing what the two cases had to say about the central shared topic.
 
Criteria for evaluation:
Completeness: Does it address all parts of the question
Concreteness: Are there specific terms, cases, or other details central to the subject
Correctness: Is the grammar and spelling proper
Craft: Does it address the question in an interesting, creative, and thematic way.
 
ALL LATE WORK IS MARKED DOWN by 10% per day late, 5% if submitted before 11:59 pm of the due date.
 
 
 

Material from outside class is allowed for the two papers, but you must provide citations so I can check for plagiarism CHOOSE ONE OF THE FOLLOWING Paper 1: Administrative Due Process Scenario, Due Wed., June 3, 5 pm Basic task: Learn about a specific administrative appeals process and demonstrate that you can apply that knowledge. Required elements: 1) Learn about the hearings process for one of the following: a) a Medicaid appeal (Oregon), b) a general state administrative appeal(Oregon), c) a Social Security disability claim appeal(US), or d) a claim for employment discrimination with the EEOC (US). You may use other materials, but you MUST look at one of the websites below. 2) Write a 2-4 double-spaced paper that does the following; a) creates a scenario with a fictional named party who seeks a hearing in one of these four contexts; b) describes the programs associated with the process, how the appeals process operates and the affected party’s options regarding making an appeal to the decision; c) identifies what they can do to enhance their chances of success. APPEAL SITUATION CHOICES: 1. Oregon Office of Administration Hearings, “Representing Yourself”, https://www.oregon.gov/oah/pages/representing_yourself.aspx 2. OregonLawHelp.org, “DHS Administrative Hearings”, https://oregonlawhelp.org/resource/dhs-administrative-hearings 3. Social Security Administration, Video: “The Social Security Disability Claims Process”, https://www.youtube.com/watch?v=OvQFbwq4dNA&list=PLGSYaZN04xzFCoEqDlY3n7xgWLh55vvDh 4. U.S. Equal Economic Opportunity Commission(EEOC) discrimination claims process. Look at both of these: EEOC: Two documents: a) “How to Prepare for a Hearing”, http://eeo21.com/Fed_EEOC_hearing_how_to_prep.html b) Document: “EEOC Complaint Process” contained in Section 3 Readings Paper 2: Case Brief Comparison, due Wednesday, June 3, 5 pm Pick one of the three case pairs below. The opinions for the cases can be found through either the U.S. Supreme Court website https://www.supremecourt.gov/ , State of Oregon Law Library https://www.courts.oregon.gov/publications/Pages/default.aspx , the Cornell Legal Information Institute , Justia: https://supreme.justia.com/ , Oyez, https://www.oyez.org/cases, or Findlaw: https://caselaw.findlaw.com . 1. Agency discretion Weyerhaeuser Co. v. U.S. Fish and Wildlife Service, SCOTUS (2018) Decker v. Northwest Environmental Defense Center, SCOTUS (2012) 2. Rulemaking Perez v. Mortgage Bankers Association, SCOTUS (2015) Nay v. Dept. of Human Services, Oregon Supreme Court, (2016) 3. Administrative Due Process Logan v. Zimmerman Brush Co., SCOTUS (1982) Cole/Dinsmore v. DMV, Oregon Supreme Court (2004) 4. Government Immunity Campbell-Ewald Company v. Gomez, SCOTUS (2015) Vaughn v. First Transit, Inc., Oregon Supreme Court (2009). The paper must do the following: 1) Introduce the central shared topic of the cases and explain why that topic matters. 2) For your selected cases you must do the following: a) State the facts of the case. – Who are the named parties, what is the background of the dispute; b) Discuss key legal questions, what did the relevant supreme court decide, what are the 1-3 key points in the dissenting opinions (if there are any). 3) Conclude by comparing what the two cases had to say about the central shared topic. Criteria for evaluation: Completeness: Does it address all parts of the question Concreteness: Are there specific terms, cases, or other details central to the subject Correctness: Is the grammar and spelling proper Craft: Does it address the question in an interesting, creative, and thematic way. ALL LATE WORK IS MARKED DOWN by 10% per day late, 5% if submitted before 11:59 pm of the due date.

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