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Administrative Law (5402)
Fall 2010

Exam Blog - I will post and answer/evade questions related to the exam on this page. This assures that all students will have a fair shot at any info. Email questions to me.

Study Questions

Chapters 1, 2, and Wooley

Chapters 3 and 4

Chapter 5

Chapter 6

Chapter 7

Chapter 8

Chapter 9

Suing the Government

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

Examples & Explanations: Administrative Law, by Funk, Seamon, 3rd ed., 2009, ISBN: 0735578273 - available online at Amazon and BN.COM.

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.

17 Aug

Chapter 1 in text

We will discuss adlaw issues in practice and the news, and I will present an overview of the adlaw system.

19 Aug

pp 141-152 in text, as preparation for watching The Regulators movie on rulemaking.

Slides

24 August

Chapter 2 to page 54.

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

Note on slides - I reserve the right to revise slides as I prepare for class, so early version might not be exactly the same. But they are really to drive discussion, so that does not matter. As you will see, slides are about questions, not answers. They are to help you think about the material you read so that you can be better prepared when I ask you questions.

26 August

Finish Chapter 2. Slides

31 August

Finish Chapter 2

Read Chapter 3 - Slides

We will see if we can finish Chapter 3, but I doubt we will make it.

2 Sept

Separation of Powers in Louisiana - Wooley v. State Farm Fire and Cas. Ins. Co., 893 So.2d 746 (La. 2005) (start reading at [48]) - 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

7 Sept

Finish assignment from last class.

Chapter 4 to 2.  Modern Concept of “Liberty” and read Goldberg v. Kelly - slides

9 Sept

Wooley slides are fixed. Pick up with Goldberg procedure. Chapter 4 to Limitations on Hearing (through the prison cases) - slides

14 Sept

Finished materials from last class

16 Sept

Read Mathews v. Eldridge. Finish Chapter 4. Slides

21 Sept

Read Chapter 5 to: c. Rules of Agency Organization, Procedure, or Practice. Slides (Remember that we coved the intro to rulemaking in class II.)

23 Sept

Chapter 5, to 1. Executive Orders Slides

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.

28 Sept

If you are interested in the filibuster and senate politics, The New York Review of Books has a great short piece on the history of the filibuster - The Specter Haunting the Senate.

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. 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.

Finish Chapter 5 - slides

Saving Lives: A Review of the Record - This is a great article on problems with CBA. We will look at the tables starting on page 23.

CBA on oysters?

FDA response

Book recommendation - Albert Speer - Inside the Third Reich

30 Sept

Finish CBA. Read Chapter 6 to Mass. v. EPA. Slides

5 Oct

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

Impact of Global Warming on South LA

12 Oct

Finish Mass. v. EPA.

Chapter 6 to III. Problems of Timing - slides

Executive Order–Gulf Coast Ecosystem Restoration Task Force

Vaccine Compensation Litigation Preclusion

14 Oct

Finish Chapter 6 - slides

19 Oct

Chapter 7 through the Gonzales v. Oregon example. Slides

Example of a real enforcement action, including a court explaining deference to the agency: City of New York v New St. Mark's Baths, 130 Misc. 2d 911, 497 N.Y.S.2d 979 (1986) - Slides

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

The 1964 Surgeon General's Report on Smoking and Health

When we discussed welfare reform and unintended consequences of the welfare system, I mentioned a pivotal report by Daniel Patrick Moynihan, published in 1965. It is posted on the Department of Labor history section: The Negro Family: The Case For National Action.

21 Oct

Finish Chapter 7 - slides

26 & 28 Oct

No additional reading. Movie - Well Founded Fear - in class to review immigation adjudications.

2 Nov

Understanding Administrative Searches: Camara v. Municipal Court City and County, 387 U.S. 523 (1967); New York v. Burger, 482 U.S. 691 (1987)

Slides on Administrative Searches. This will be a fast paced lecture.

4 Nov

Chapter 8 - Slides

Chapter 9 to 383 - Slides

9 Nov

Finish Chapter 9 - Slides

We will just hit the high points.

MMWR - an example of federal data and analysis role. MMWR is one of my favorite reads each week. It helps shape my cheerful outlook on the world.:-)

Made Up News - why people should be skeptical about the news.

11 Nov

Introduction to 42 USC 1983: 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 - you saw a lot of those in constitutional law. so this should not be new. Slides

Allen v. U.S., 816 F.2d 1417 (10th Cir. 1987), Certiorari Denied by Allen v. U.S., 484 U.S. 1004 (1988) - Skim this to get a feel for the core issue, that the government is being sued for intentionally exposing a community to radioactive fallout.

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

Slides

15 Nov

Finish materials from last class. Animal shelters in the news in Baton Rouge!

Bad Oysters - Gregor v. Argenot Great Central Insurance Co., 851 So.2d 959 (La. 2003) - Slides

17 Nov

US Hurricanes - (Betsy does not even count) - http://www.nhc.noaa.gov/HAW2/english/history.shtml

Understanding Surge - http://www.wunderground.com/hurricane/surge_images.asp

Betsy's Track - http://www.hpc.ncep.noaa.gov/tropical/rain/betsy1965.html

Chalmette Video - http://www.youtube.com/watch?v=TaA1k5VA-lI 

LBJ's Response- http://whitehousetapes.net/exhibit/lbj-and-response-hurricane-betsy

History of MRGO - http://www.mrgo.gov/MRGO_History.aspx

Graci I & Graci II

Limits on flood control immunity - Central Green Co. v. United States, 531 U.S. 425 (2001) - be the first lawyer on your block to actually understand flood control law! Slides

22 Nov

The Katrina litigation trilogy against the Corps. You should read all three if you are interested in this litigation, but the final opinion is what we will discuss in class. There will be a study guide - it is a long opinion. Understanding why this litigation must fail is key to understanding why the feds really do not own New Orleans anything. That New Orleans got bailed out this time does not mean that either it is safe for the future, or that the feds own it anther bailout. Discretionary actions by Congress do not create entitlements.

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. Slides

Is the Navy liable when a recruiter spreads genital herpes? (just for the interested)

 

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