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CORNELL LAW SCHOOL, SPRING TERM EXAM Administrative Law Professor Rachlinski Tuesday, April 28, 2009 11:00 am - 2:00 pm INSTRUCTIONS You have until 2:00 pm (3 hours) to complete this exam, unless you have made special accommodations with the Registrar. The exam is 7 pages long B be sure you have all 7 pages now. The exam consists of 3 questions. You must complete all 3 questions. Each question will be given equal weight. The questions have sub-parts which will not necessarily be given equal weight for your grade; you should use your best judgment when allocating your time among these sub-parts. Clarity is important, and so you should organize your answer before you begin writing. Irrelevant musings and rambling are unlikely to be rewarded, and substantially incorrect material will be penalized. If there is any information you need to answer a question properly that is not stated in the question, be sure to say what that information is and why it is needed. The abbreviation “APA” refers to the Administrative Procedure Act. This is a completely open book exam . You are free to use any non-living resource to prepare your answer. Good luck!! 1
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Question #1: Suppose that you have graduated from law school and are in private practice in a small college town. You have begun to represent individuals associated with the local University, Liberty State University (“LSU”) who are being prosecuted under their code of campus conduct (the "Code"). LSU is a state-run institution and hence must comply with the Due Process Clause of the 14 th Amendment. You are concerned that the Code does not comport with the Due Process Clause and that this failure has adversely affected three of your clients. LSU's Code applies to "all forms of misconduct by students, faculty and staff of LSU that adversely affects the LSU community." The Code has both lengthy substantive and procedural provisions. The substantive provisions outline a long list of conduct that violates the code, from smoking in public areas to sexual harassment. The substantive prohibitions include a 2-part catch-all for "any other conduct that constitutes a crime in this State" and "any other conduct that adversely affects the LSU community." The procedures for violations are also extensive. The procedures give a critical role for LSU's Judicial Administrator ("JA"). The process for penalizing a student, faculty, or staff member begins with an investigation by the JA--initiated by the JA or by the filing of a complaint with the JA (which may be done by any member of the community). The procedures allow the JA to conduct this initial investigation without any notice to the target of the complaint. If the JA determines that there are grounds for a disciplinary action, the JA drafts a "complaint", which is then given to the complainant (if there is one) and the target of the investigation. Any target of a complaint who wants to contest the allegations can insist upon a hearing,
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This note was uploaded on 11/28/2009 for the course LAW 6011 at Cornell University (Engineering School).

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