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Administrative Law (5402)
Fall 2009

Exam Prep Materials

Old Exams

Review Questions - Part 1

Review Questions - Part 2

Review Questions - Part 3

Parts 1 and 2 cover the text and the cases up to goverment liablity, which we started Tuesday. I will post questions on the goverment liablity section as soon as we are finished with it. Most of these questions are the same as in previous years. There are some additions and deletions based on changes in the material we have covered, and to make some of the questions clearer. A curious student could sort out the differences with document compare.

Exam Blog - As questions come up about the exam, please email them to me - richards@lsu.edu - so that when I answer them, I can post the answer to the blog so that all the class can benefit. I am not here to answer the study questions for you, but if you get really stuck, send me an email. Be sure to check the blog a few times leading up to the exam, and the evening of the exam. I will cut off questions at 9PM the night before the exam.

Course Information

Required Text: (You can buy these online if they are not available. )

Examples & Explanations: Administrative Law, by Funk, Seamon, 3rd ed., 2009, ISBN: 0735578273

Additional materials such as cases will be posted on this WWW site.

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.

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.

18 August

Chapter 1 in E&E. Lecture and discussion of administrative law in the news - think health care reform. Slides

20 August

No reading assignment. Adlaw movie, The Regulators, followed by class discussion.

25 August

Chapter 2 to page 54. Slides

INS v. Chadha, 462 U.S. 919 (1983) Study guide

27 August

Finish Chapter 2 and any left over materials from last class. Read paragraphs 178 - 260 in Buckley v. Valeo, 424 U.S. 1 (1976). - Study guide to Buckely. I decided we have enough to cover without more discussion of Buckley.

Slides

1 Sept

Executive Orders - Obama on Supervision of Agencies - Memo from Chief of Staff to Agencies

Chapter 3. Slides

3 Sept

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

Will the Courts enforce ALJ order against the agency? - Bonvillian v. Dep't of Insurance, 906 So.2d 596 (La.App. Cir.1 2005) and after remand and appeal - Bonvillian, round II - Slides

8 Sept

Goldberg v. Kelly (slides) and Chapter 4 to the section: b. Liberty and Correctional Facilities (slides) Slides will be revised, but this will get you started.

10 Sept

Finish Chapter 4 and read read Mathews v. Eldridge (slides). We will not finish this material, so what we do not get to will go next class.

15 Sept

Carry over materials from Thursday.

17 Sept

Really, really finish due process.(slides)

22 Sept

Movie day! Well Founded Fear - a documentary on administrative hearings for asylum seekers.

24 Sept

Finish movie.

New Executive Order: Memorandum from Attorney General Holder, “Policies and Procedures Governing Invocation of the State Secrets Privilege” (Sep. 23, 2009)

EEOC Has Published Its Notice of Proposed Rule to Revise ADA Regulations

29 Sept

Chapter 5 to this section: b. Whether the rule interprets a legal standard or whether it makes policy. Slides (subject to revision)

Oct 1

Chapter 5, to 1. Executive Orders Slides (subject to revision)

Oct 6

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) - use the slides for guidence. This is a story about the political control of agencies.

Finish Chapter 5 - slides

13 Oct

Thinking about regulatory policy and CBA

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

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

The Apple Scare

15 Oct

Quick look at the two cases setting up the jurisprudential conflict over CBA:

Industrial Union Dept., AFL-CIO v. American Petroleum Institute, 448 U.S. 607 (1980) - first 19 paragraphs

American Textile Mfrs. Institute, Inc. v. Donovan, 452 U.S. 490 (1981) - first 28 paragraphs

Chapter 6, to b. Causation for standing - Slides

20 Oct

Continue reading Chapter 6, through C. Ripeness. Slides

22 Oct

DOJ Guidelines - Prosecution of medical marijuana providers

Finish Chapter 6. Slides

New Orleans in 2100

Intro to global warming and LA - We are not going to have time to finish Mass. v. EPA, so I am putting it over to next class.

27 Oct

Read Massachusetts v. E.P.A., 127 S.Ct. 1438 (2007) - the global warming case. Study Questions - slides

Chapter 7 through p. 296. (Barnhart) - slides

29 Oct

Chapter 7, through 312. Slides

3 Nov

We will cover quite a bit of material over the next two classes. What we do not finish each day will go to the next day. The administrative search materials are unique to this course and you should read the cases carefully as background. Starting in the 1970s and accelerating after 9/11, administrative theory has been used by the courts and the legislature to undermine the constititutional framework for criminal law established by the Warren court.

Finish Chapter 7, Slides (subject to revision)

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. Slides

Continuing the tobacco regulation saga - preemption of state regulation - Lorillard Tobacco Company v. Reilly, 533 U.S. 525, 121 S.Ct. 2404, 150 L.Ed.2d 532 (2001) - slides

5 Nov

Chapter 8 - Slides

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.

10 Nov

Finish Chapter 8

Chapter 9, through Exemption 3. Slides

12 Nov

Finish Chapter 9. Slides

17 Nov

Breaking News!! Oysters 1, FDA 0

Bad dogs - Altman v. City of High Point, N.C., 330 F.3d 194 (4th Cir.(N.C.) 2003) - Introduction to suing for agency actions. This is a 42 USC 1983 case. Slides

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

Bad Oysters - 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

We may not get to the oyster case, but get it read in case we do.

Review Questions - Part 1

19 Nov

Breaking news! Next shoe drops in Katrina litgation against the core! Opinion / Judgment

This shifts today and Tuesday's discussion

Starting our Katrina law section: Stafford Act immunity for Katrina debris removal decisions by FEMA - St. Tammany Parish v. Federal Emergency Management Agency, 556 F.3d 307 (5th Cir. 2009) - slides

Flood Slides Katrina Slides

Graci v. United States, 456 F.2d 20 (5th Cir. 1971) - added as reference case, not required reading

Introduction to the Flood Control Act of 1928 - Florida East Coast Railway Co. v. United States, 519 F.2d 1184 (5th Cir. 1975), pars 43-53

Limits on flood control immunity - Central Green Co. v. United States, 531 U.S. 425 (2001)

Review Questions - Part 2

24 Nov

Court dismisses most Katrina levee breach claims against the Army Corps of Engineers - 30 Jan 2008 -This was the section dealing with the 17th Street Canal, which was clearly only flood control.

Court allows In re Katrina Canal Breaches to go to court on factual question of whether the Corp has descretionary authority to make decisions about the construction of the MRGO canal. Order of 20 March 2009 - This was the order that set up the final case.

Final opinion from Duval, and appendix. You should read all three if you are interested in how this litigation is going, but this is the key one to read for class.

Update!! Pigs fly and ice cream is served in hell - The right wing suddenly realizes that the criminal system is part of big goverment!

 

 

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