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| Bar Bulletin |
July,
2003 |
| MSBA News |
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Partnership Between
University of Baltimore
School of Law Administrative Class and
MSBA Administrative Law Section
The University of
Baltimore School of Law is one of a handful of law schools in the country
that offer a separate course on state administrative law. While UB School
of Law offers the traditional administrative law course offered at every
law school that focuses on the administrative process at the federal
level, UB also offers its students (and students from the University of
Maryland School of Law) a course that focuses on administrative practice
before agencies of the Maryland state government.
The Maryland
Administrative Law course has been from its very beginning a cooperative
effort between Professor Arnold Rochvarg, the administrative law judges at
the Office of Administrative Hearings (OAH), and the Maryland State Bar
Association Section of Administrative Law, whose membership consists of
administrative law judges, government attorneys, judges from all levels of
the Maryland judiciary and lawyers in private practice who regularly
represent clients before OAH and Maryland state agencies. The concept of a
Maryland Administrative Law course began when former OAH Chief Judge John
Hardwicke invited Professor Rochvarg to tour the new OAH headquarters in
Hunt Valley. Chief Judge Hardwicke impressed upon the professor the
important differences in administrative practice in Maryland agencies
compared to federal agencies as a result of the adoption in Maryland of a
centralized hearing office (OAH). Chief Judge Hardwicke also lamented that
too many lawyers were unfamiliar with the new administrative adjudicatory
process in Maryland. His suggestion was that UB offer a course in Maryland
Administrative Law.
With Chief Judge
Hardwicke’s pledge to be of help, Professor Rochvarg embarked on
developing such a course. Because there was no book, Professor Rochvarg
had to develop his own materials for the course. Most importantly,
Professor Rochvarg called upon administrative law judges from OAH,
attorneys from the Office of the Attorney General and judges to teach
various classes and to discuss with his students what the practice of
administrative law in Maryland entailed. The course covered not only the
process of administrative law but also some of the more popular
substantive areas such as special education, drunk driving, mental health
and professional licensing. The course also critically examined the
Maryland administrative process to identify areas for law reform.
The course has changed
with each new year. More cases interpreting the Maryland Administrative
Precedence Act were decided leading to more reading for the students.
There was increased interest among the students leading to higher
enrollment and increased interest among members of the bar leading to
increased requests to serve as a guest lecturer. Last year, in conjunction
with MICPEL, Professor Rochvarg published his treatise on Maryland
Administrative Law, which is now the standard text for the course.
Last year, a new
component was added to the partnership between UB’s Maryland
Administrative Law course and the practicing bar. A joint luncheon was
held among the MSBA Administrative Law Section, the Maryland Association
of Administrative Adjudicators (MAAA) and students in the course. During
the luncheon, the students rotated from one table to the next, which
allowed them to interact with attorneys and judges who practice
administrative law. Because the event was so well-received last year by
both the students and the attorneys, the second “annual” luncheon was held
this year. As well as the traditional networking opportunities that the
luncheon provided, a “shadowing” program was started. Under this program,
each student was paired with an attorney and offered the opportunity to
spend the day with that attorney. Two students immediately took the
opportunity to “shadow” Judge Harrell of the Court of Appeals. They
enjoyed not only learning about administrative law from Judge Harrell, an
active member of the MSBA Administrative Law Section; they also enjoyed a
private tour of his chambers. Next academic year, the shadowing program
will be expanded. All students in the Maryland Administrative Law class
will be required to spend at least one day shadowing a judge or practicing
attorney, and reporting to the class his or her experience.
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JUDGE GLENN T. HARRELL, JR. (LEFT), COURT OF
APPEALS, AND ROBERT ZARNOCH (RIGHT), ATTORNEY GENERAL'S OFFICE, TALK
WITH A STUDENT |
The success of the
Maryland Administrative Law course has been based on the partnership of
the UB School of Law and the practicing bar, especially the MSBA
Administrative Law Section. The students, attorneys and judges have all
had very positive experiences learning together about administrative law
in Maryland. This partnership serves as a wonderful model for the
integration of the practicing bar into legal education.
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