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Administrative Law (5402)
Fall 2007

Exam Blog

New - Study Aids

Study questions edited and supplemented for this course - redline version so you can see the changes (the additional material was drawn from the slides)

Superseeded by the above questions from the Nov 20 class - Adlaw review questions - these are not specifically tailored to this course, but we have covered most of the material. Check back the last week of class for any revisions.

Administrative Law Glossary (map view) (Word)- These are definitions prepared by Professor Donald Brodie, Emeritus, University of Oregon. They may help you understand basic terms.

Link to the old exams page.

Course Information

Required Texts: (You can buy these online if they are not available. Be sure to get them by the end of the week - we will have reading assignements next week.)

Examples & Explanations: Administrative Law, by Funk, Seamon, 2nd ed., 2006, ISBN: 0735558914

Administrative Law Stories, by Strauss, 1st ed., 2006, ISBN: 1587789590

Useful Study Aids

Law in a Nutshell: Administrative Law & Process, by Gellhorn, Levin, 5th ed., 2006, ISBN: 0314144366

Administrative Law Resources

Assignments

You should check the WWW site for assignment information and course changes every day before class.

Class participation can affect your final grade.

We may have electronic quizzes that will count toward the final grade.

14 Aug 2007

Brief introduction to administative law (slides) (no reading assignment)

18 Aug 2007

Adlaw movie on rulemaking and public participation. Chapter 1 in Examples and Explanations (EE)

21 Aug 2007

Chapter 2 through page 51 in EE. Chapter 5 in Adlaw Stories (Stories). We are reading Chapter 5 as an introduction to the power of agencies.

23 Aug 2007

Finish Chapter 2. Read paragraphs 178 - 260 in Buckley v. Valeo, 424 U.S. 1 (1976). - Study guide to Buckely. Review of Appointments

28 Aug 2007

Read all of INS v. Chadha, 462 U.S. 919 (1983), using the study guide to direct your reading and prepare you for the class discussion.

slides

30 Aug 2007

Assignment carried over to next class.

4 Sept 2007

Update! There is one thing Congress can do by joint resolution - what is it?

Separation of Powers in Louisiana - Wooley v. State Farm Fire and Cas. Ins. Co., 893 So.2d 746 (La. 2005) - guide

Court will not enforce ALJ order against the agency - Bonvillian v. Dep't of Insurance, 906 So.2d 596 (La.App. Cir.1 2005)

slides

6 Sept 2007

Chapter 3 - slides (in the form of questions)

11 Sept 2007

Chapter 4 through page 118. Also Goldberg v. Kelly - Study questions

13 Sept 2007

Finish Chapter 4, and read read Mathews v. Eldridge and the story about the case, p. 228-257. Study Questions (through Loudermill)

18 Sept 2007

Finish discussion of Chapter 4. Read North American Cold Storage, which deals with public health takings and due process, and Altman v. City of High Point, N.C., 330 F.3d 194 (4th Cir.(N.C.) 2003), which deals with doggie due process.

Study Questions - doggie due process

20 Sept 2007

Londoner v. City and County of Denver, 210 U.S. 373, 28 S. Ct. 708, 52 L. Ed. 1103 (1908); Bi-Metallic Investment Co. v. State Board of Equalization of Colorado, 239 U.S. 441, 36 S. Ct. 141, 60 L. Ed. 372 (1915).

Read these cases and be prepared to discuss what they tell us about the distinction between rulemaking and adjudication. Focus on the general facts of the case and how they contrast with each other. Do you think that subsequent cases have modified the nature of the hearing required in Londoner?

Chapter 5, through page 147. Introduction to rulemaking

25 Sept 2007

Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, 98 S. Ct. 1197, 435 U.S. 519 (1978) and Gillian E. Metzger, The Story of Vermont Yankee, 124 - 168 in Administrative Law Stories. While Vermont Yankee is about rulemaking, it also discusses standards for judicial review of agency action. While we will discuss judicial review in more detail later, we will use this case as our introduction. Vermont Yankee is an example of effectively using administrative costs to change policy - while environmentalist groups opposed to nuclear power did not win any of the cases against the nuclear power industry, they successfully delayed the construction and licensing of nuclear power plants and made it uneconomic to continue to construct new plants. Ironically, electric power generation is now a major contributory to sulfate pollution and carbon dioxide emissions and there is a push by environmentalists to find cleaner ways to generate electric power. We will discuss these policy issues as background to the case.

slides

27 Sept 2007

Chapter 5 through 182. Slides

2 Oct 2007

Finish Chapter 5 - slides

4 Oct 2007

Finished Chapter 5

9 Oct 2007

Class cancelled. Have a good break!

16 Oct 2006

Adlaw Stories - Jerry L. Mashaw, The Story of Motor Vehicle Mfrs Ass’n of the US v. State Farm Mutual Automobile Ins. Co.: Law, Science and Politics in the Administrative State, 334-398. Also read the case: Motor Vehicle Mfrs. Ass'n of U.S., Inc. v. State Farm Mut. Auto. Ins. Co., 463 U.S. 29, 103 S.Ct. 2856, 77 L.Ed.2d 443 (1983) - slides.

18 Oct 2006

Chapter 6, through 228. Slides

23 Oct 2007

Finish Chapter 6 - slides

25 Oct 2007

Adlaw movie day

31 Oct 2007

Finish and discuss movie. Discuss Overton Park from the Administrative Law Stories

1 Nov 2007

E&E - 257-297 - slides

6 Nov 2007

FDA v. Brown & Williamson Tobacco Corp., 529 U.S. 120 (U.S. 2000) (read this case carefully - it is a great review of the regulatory dilemma posed by tobacco) - study questions - use these to guide your reading. We are going to use this case as an example of how to analyse statutory intent.

City of New York v New St. Mark's Baths, 130 Misc. 2d 911, 497 N.Y.S.2d 979 (1986) - study guide

8 Nov 2007

Chapter 8

Understanding Administrative Searches: Camara V. Municipal Court City And County, 387 U.S. 523, 87 S. Ct. 1727, 18 L. Ed. 2d 930 (1967); New York v. Burger, 482 U.S. 691 (1987)

Slides on adminstrative searches. Slides on the remainder of Chapter 8.

13 Nov 2007

Chapter 9 - we will probably not finish the discussion of chapter 9 this class, but get it all read. Chapter 9 - slides

15 Nov 2007

Suing the federal government: Dalehite v. U.S., 346 U.S. 15, 73 S.Ct. 956, 97 L.Ed. 1427 (1953);

Allen v. U.S., 816 F.2d 1417 (10th Cir. 1987), Certiorari Denied by Allen v. U.S., 484 U.S. 1004 (1988);

Berkovitz by Berkovitz v. U.S., 486 U.S. 531 (1988) (study guide);

Leleux v. United States, 178 F.3d 750 (5th Cir. 1999)

This is a lot of reading. Use the slides to guide your reading so you can target the key issues - slides.

Exceptions to the Federal TCA

Quick review of 1983 v. TCA

20 Nov 2007

Discretionary authority in LA- Gregor v. Argenot Great Central Insurance Co., 851 So.2d 959 (La. 2003); how does this case fit with the FTCA analysis? Slides

Review session.

Study questions edited and supplemented for this course - redline version so you can see the changes (the additional material was drawn from the slides)

 

 

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