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Administrative Law (5402)
Spring 2008

Exam Blog

Study Questions!! (word) (html)

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 assignments next week.)

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

Useful Study Aids

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

Administrative Law Resources

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.

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.

8 Jan 2008

No assignment

10 Jan 2008

No reading assignment. Brief introductory lecture on administrative law, followed by the movie, The Regulators. Slides

15 Jan 2008

Text through page 40. Slides - Chapter 1 and introductory review.

17 Jan 2008

Text through page 50. Read INS v. Chadha, 462 U.S. 919 (1983), using the study guide to direct your reading and prepare you for the class discussion. Slides

22 Jan 2008

Finish Chapter 2 - Slides

24 Jan 2008

Separation of Powers in Louisiana - Wooley v. State Farm Fire and Cas. Ins. Co., 893 So.2d 746 (La. 2005) - guide - slides (we will first finish the discussion of Chapter 2. )

29 Jan 2008

Wooley materials from previous class.

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

31 Jan 2008

Chapter 3 - Adjudications. This introduces the procedure for adjudications. Slides

7 Feb 2008

Goldberg v. Kelly (slides) and Chapter 4 to the section: b. Liberty and Correctional Facilities (slides)

12 Fed 2008

Finish Chapter 4 (slides), and read read Mathews v. Eldridge (slides).

14 Feb 2008

Finish Chapter 4 (slides start at slide 14), Altman v. City of High Point, N.C., 330 F.3d 194 (4th Cir.(N.C.) 2003), which deals with doggie due process (slides).

19 Feb 2008

Chapter 5, through page 147. Slides

Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, 98 S. Ct. 1197, 435 U.S. 519 (1978) - slides

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.

21 Feb 2008

Chapter 5 through page 182. Slides

26 Feb 2008

Finish Chapter 5 - slides

28 Feb 2008

Finish discussion of Chapter 5

Read: 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

4 March 2008

Cost Benefit Analysis and Regulatory Policy

Tidbit on local government adlaw

I apologize about the late assignment posting. My office computer crashed last week and I did not realize that it crashed before the WWW site postings were updated.

Saving Lives: A Review of the Record - review the tables at the end of the article.

Slides on Regulatory Policy - think about these questions before we discuss them.

Since the cases were not posted with sufficient time to review them, they will not be part of this discussion.

6 March 2008

Chapter 6, through 228 (to II. Exceptions to Judicial Review under the APA) - slides (review these carefully, there is a lot of law in this chapter)

11 March 2008

Finish slides from last Thursday. E&E through page 234.

Massachusetts v. E.P.A., 127 S.Ct. 1438 (2007) - study questions

13 March 2008

Finish Chapter 6 - we may not get to all of this, but finish the reading. This deals with when you can go to court, i.e., ripeness and exhaustion of remedies. - slides

Finish Mass. v EPA. (Dissent)

18 March 2008

Chapter 7, through p. 287 - Slides

20 March 2008

Movie Day - Well Founded Fear - This is a documentary on the INS process for adjudicating whether a person who has applied for asylum has a well founded fear of persecution in his/her homeland.

25 March 2008

Discuss movie

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 analyze statutory intent.

27 March 2008

Finish Chapter 7 - slides

1 April 2008

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 Administrative Searches. Slides on Chapter 8. We will probably not finish this in one class. The chapter is short, but I have a lot of material in the slides on administrative searches.

3 April 2008

Finish Chapter 8

Chapter 9 - 337-362

8 April 2008

Review of the DOJ opinion opposing Congressional revision of the state secrets act - April, 2008.

Slides - Basics of FOIA Slides - Exemptions 1-4

10 April 2008

Finish discussing Chapter 9 Slides

Return to Altman v. City of High Point, N.C., 330 F.3d 194 (4th Cir.(N.C.) 2003) - this time, look at the qualified immunity defense and the tension between the majority opinion and the dissent.

15 April 2008

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

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 - Comparing 42 USC 1983 and the FTCA

17 April 2008

Court dismisses most Katrina levee breach claims against the Army Corps of Engineers - 30 Jan 2008

Slides (temporary link)

Corps of Engineer's history of NO flood control.

Levee Law

 

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