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Exam Blog - be sure to check this periodically
Old Exams - these are administrative guidence, not precedent
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.
Law in a Nutshell: Administrative Law & Process, by Gellhorn, Levin, 5th ed., 2006, ISBN: 0314144366
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.
Chapter 1 in E&E. Lecture and discussion of administrative law in the news - think health care reform. Slides
The Regulators movie, followed by discussion.
INS v. Chadha, 462 U.S. 919 (1983) Study guide Slides
Finish Chapter 2. Slides
Breaking News - The Supreme Court has ruled that corporations may spend freely to support or oppose candidates for president and Congress, easing decades-old limits on their participation in federal campaigns.
By a 5-4 vote, the court overturned a 20-year-old ruling that said corporations can be prohibited from using money from their general treasuries to pay for campaign ads. The decision, which almost certainly will also allow labor unions to participate more freely in campaigns, threatens similar limits imposed by 24 states. The justices also struck down part of the landmark McCain-Feingold campaign finance bill that barred union- and corporate-paid issue ads in the closing days of election campaigns.
Finish Chapter 2. Read Chapter 3. Slides
Finish Chapter 3, read Chapter 4 to 2. Modern Concept of “Liberty”(slides), and read Goldberg v. Kelly (slides)
Chapter 4 to Limitations on Hearing (through the prison cases) Slides
Pre-Katrina murder rate in New Orleans
No new reading.
Read Mathews v. Eldridge. Finish reading Chapter 4. Slides
Monkey Business - The Louisiana Postsecondary Education Review Commission has decided that the question is how to make LSU like Bossier Parish Community College - while their proposal will certainly move LSU in that direction, is that the right question?
Derailing the appointments process
Finish Chapter 4
Excerpts from the documentary, Well Founded Fear.
Finish and discuss movie.
Immingration law nightmare - NYT
Health Care is Back on the Table - We will take some of the class on Tuesday to talk about the administrative law side of the health care debate, since the big summit meeting will be on Thursday.
When States Become Dependent on Federal Aid
Introduction to Health Economics
The LA Story
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
This issue was just in the news - the appeals court said that the ALJ gets to make the final rulings on legal issues for the LA Ethics Commission - Adlaw in news - were those ethics reforms real?.
Read Chapter 5 to: c. Rules of Agency Organization, Procedure, or Practice. Slides
Google pandering proclamation / analysis
Chapter 5, to 1. Executive Orders Slides (subject to revision)
Finish State Farm
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.
Finish Vermont Yankee
Finish Chapter 5 Slides
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.
Finish Cost benefit from last class.
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
We will briefly finish CBA by looking at the FDA example, see revised slides.
Chapter 6, to: 2. Representational Standing - Slides
Chapter 6 is the heart of traditional adlaw - judicial review. This is the core for enviromental law and for is an important part of practice. It is also a good review of material you are likely to find on the bar.
Chapter 6 to III. Problems of Timing, Slides (sorry about the delay - we are still working out the bugs in the FTP change over)
Massachusetts v. E.P.A., 127 S.Ct. 1438 (2007) - the global warming case. Study Questions - slides
Impact of Global Warming on South LA
This is the first in what will be a long line of global warming cases litigating the role of federal agencies. We will talk about global warming, its effect on LA, and the legal issues it poses. Mass. v. EPA is also a classic standing case, and a case about judicial review of an agency's refusal to make a rule requested by a rulemaking petition.
Finish Chapter 6 - slides
Finish Chapter 6. Chapter 7 through the Gonzales v. Oregon example. 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
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
Finish the tobacco story. Finish Chapter 7 - slides
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. If you are in my national security law class, or took it last year, you may sign the roll and leave if you get bored.
Shutting down Colorado Springs
Chapter 8 - Slides
Chapter 9 to 404. We are going to do an abreviated treatment of FOIA because of time constraints. Slides
Finish Chapter 9 - Slides
Third New Orleans child attacked by pit bull in one week
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
Bad vaccine - Berkovitz by Berkovitz v. U.S., 486 U.S. 531 (1988) and Bad Oysters - Gregor v. Argenot Great Central Insurance Co., 851 So.2d 959 (La. 2003) - Slides - Comparing 42 USC 1983 and the FTCA
We will likely not get all this done, but we will try. Anything left carries over.
Finish materials from Thursday.
Start flood control law, depending on time. This is not exam material, but is here as a capstone - the levees and the levee litigation is a pure adlaw play. It is critical to our future in Southern LA to understand where science ends in this and politics begins - no matter what decisions politicians make, nature is the final arbitrator. Politicians tell the Corps to build things, they limit the money available to build them, and they do not ask the Corps if the things they want built make sense or will work. The Corps is then sued when these political choices result in disasters. The FTCA and the Flood Control Act of 1928 allow the Corps to function in this political environment. The interaction of those two is the core of the levee litigation.
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)
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