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Administrative Law (5402)
Fall 2011

Class Blog - Review Questions will be posted on the blog as we finish chapters.

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. (Check this out for price comparisons)

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

Class Rules

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

Class participation can affect your final grade. We will use either the Moodle discussion forum or a blog, and we may use CALI exercises and other electronic aids.

Resources

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

Administrative Law Resources

Federal Administrative Procedure Act

Louisiana Administrative Law

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

Aug 16

Chapter 1 - slides

 If you want to read ahead, the plan for the course is to go all the way through the book.

Aug 18

Adlaw in the news

Chapter 2, to page 54. (We will touch very briefly on pages 30-42. Read them, but you do not need to be prepared to discuss them.)

INS v. Chadha, 462 U.S. 919 (1983) (paragraphs 25-157) Study guide - Chadha is a chance to review the history of separation of powers and how the Great Compromise still drives the politics of Congress.

Slides

Aug 23

Finish Chapter 2 - Slides

Coffins RU

Aug 25

Chapter 3 to 103. - Slides

Adlaw in the news

30 Aug

Finish Chapter 3. Slides

1 Sept

Chapter 4 to 2.  Modern Concept of “Liberty” (p 117) and read Goldberg v. Kelly.

Slides

6 Sept

Finish Goldberg.

Ivor van Heerden case - is this recent case where an employee of LSU sued over an expectation of continued employment. We will look at this case after Roth and Sinderman.

Chapter 4 to Section II.    What Process Is Due? Slides

8 Sept

Finish any material left from last class.

Read Mathews v. Eldridge. (just paragraphs 29-64) Read this case closely, in retrospect, it has turned out to be one of the most important adlaw decisions.

Finish reading Chapter 4.

Slides

13 Sept

Finish discussing Chapter 4.

Read Wooley v. State Farm Fire and Cas. Ins. Co., 893 So.2d 746 (La. 2005) (start reading at [48]) - guide to reading the case. We will discuss Wooley closely because it is a key to understanding Louisiana separation of powers, as well as why state regulation is so ineffective in Louisiana.

15 Sept

Bonvillian v. Dep't of Insurance, 906 So.2d 596 (La.App. Cir.1 2005) and after remand and appeal - Bonvillian, round II - These cases are the aftermath of Wooley, and Bonvillian II raises questions about the continuing constitutionality of Wooley.

Slides

20 Sept

Chapter 5 through p. 152. Slides

The Regulators movie.

22 Sept

Chapter 5 pages 153-183. Slides

27 Sept

Chapter 5 through p. 200. Motor Vehicle Mfrs. Ass'n of U.S., Inc. v. State Farm Mut. Auto. Ins. Co., 463 U.S. 29 (1983) Read through para. 31. Slides

29 Sept

Finish Chapter 5. Saving Lives: A Review of the Record - This is a great article on problems with CBA. Start reading at page 13 and look hard at the tables. Slides

4 Oct

Chapter 6 to 6.Other Widely Shared Injuries. Slides

6 Oct

Massachusetts v. E.P.A., 127 S.Ct. 1438 (2007) - the global warming case. Paragraphs 28-84. (The standing analysis.) We will finish reading the case later in the course. Slides

Chapter 6 to II.  Exceptions to Judicial Review under the APA

11 Oct

Finish material from last class.

Chapter 6 to 261 .Slides (corrected)

18 Oct

Finish Chapter 6. Slides

20 Oct

Chapter 7 through p 289. 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 - this was the first federal recognition that smoking is bad for your health.

25 Oct

Chapter 7 to: B. What Does Substantial Evidence Mean? Slides

27 Oct

Finish Chapter 7 Slides

Nov 1

Chapter 8 - Slides - We will see how far we get. These include additional material on adminstrative searches that is not in the book.

Fishing for email.

Nov 3

Chapter 9 to 391. Slides

Nov 8

Finish chapter 9 Revised slides

Nov 10

Dalehite v. U.S., 346 U.S. 15, 73 S.Ct. 956, 97 L.Ed. 1427 (1953) - history of the FTCA. Read paragraphs 28-34.

Berkovitz by Berkovitz v. U.S., 486 U.S. 531 (1988) (study guide) - application to a negligence action. Focus on the questions in the study guide when reading the case.

Allen v. U.S., 816 F.2d 1417 (10th Cir. 1987), Certiorari Denied by Allen v. U.S., 484 U.S. 1004 (1988) read paragraphs 12-41.

Slides

Nov 15

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

Background Info

US Hurricanes - (Betsy is a small storm.)

Understanding Surge

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 v. United States, 456 F.2d 20 (5th Cir. 1971)

Graci v. U.S., 435 F.Supp. 189 (E.D.La. 1977) - Slides

Nov 17

Central Green Co. v. United States, 531 U.S. 425 (2001) - the key Supreme Court case on Flood Control Act immunity for dual use projects. The heart of the case is paragraphs 41-45.

Katrina Litigation - 17th Street Canal - read p 26 to the end.

In re Katrina Canal Breaches Consolidated Litigation, 647 F.Supp.2d 644 (E.D.La. Nov 18, 2009) Final opinion and appendix. - The big one. Start reading this now so you can get it finished by next Tuesday. This case brings together many critical legal and political issues about the past and future of New Orleans and the mythology of the levees. It was argued before the 5th Circuit last week.

The arguements before the 5th Circuit, 11/9/2011. Windows Media

Nov 22

1947: New Orleans, Metairie flooded by hurricane

Discuss In re Katrina Canal Breaches Consolidated Litigation. Slides

 

 

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