Climate Change Project

Table of Contents



Administrative Law (5402)
Spring 2011

Exam Blog

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.

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

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.

11 Jan

Chapter 1 and pp 141-152 in text. History - Rulemaking Introduction

13 Jan

The Regulators

Adlaw in the news! - Oil Spill Commission - full report - recommendations. These were just released. We will discuss the recommendations in class after the movie because they address the agency issues. If you are following the BP spill, then you want also read the whole report.

18 Jan

Chapter 2 to page 60. - Slides

INS v. Chadha, 462 U.S. 919 (1983) (paragraphs 25-157) Study guide - slides (from the study guide)

We might not finish all this material, but better to read it over the weekend.

20 Jan

Finish reading all of Chapter 2 - slides

http://www.whitehouse.gov/blog/2011/01/18/regulatory-strategy - Executive Order and discussion of new regulatory policy. Read this in conjunction with the materials on executive branch review of agency rulemaking.

25 Jan

Finish discussing Chapter 2. Chapter 3 through page 86.

For more information about the appointments mess, you can read these:

A Half-Empty Government Can't Govern: Why Everyone Wants to Fix the Appointments Process, Why It Never Happens, and How We Can Get It Done http://www.brookings.edu/papers/2010/1214_appointments_galston_dionne.aspx

Waiting for Leadership: President Obama's Record in Staffing Key Agency Positions and How to Improve the Appointments Process http://www.americanprogress.org/issues/2010/04/waiting_for_leadership.html

27 Jan

Finish reading Chapter 3 - Slides

1 Feb

OIRA chief on the hot seat.

Finish assignment from last class.

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

Careers in Administrative Law

3 Feb

Ivor van Heerden case

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

8 Feb

Read Mathews v. Eldridge. (just paragraphs 29-64) Finish reading Chapter 4. Slides

10 Feb

Finish 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 - slides for Wooley 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 Feb

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

17 Feb

Chapter 5 pages 153-183. Slides (Remember, we read the first part of Chapter 5 for class I.)

22 Feb

Finish Chapter 5 - Slides

24 Feb

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.

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

CBA on oysters?

FDA response

1 March

Finish CBA. Concentrate on the table on page 23 of Saving Lives. The following table - lost opportunity cost - is difficult to sort out. Basically, this takes the costs and benefits on a regulation taken in isolation, and adds a factor based on what else you could do with the money if you did not spend it on the regulation.

Breaking News! Government wastes money.

3 March

Movie day - Well Founded Fear - administrative hearings for asylum seekers.

10 March

Finish and discuss movie

Read Chapter 6 to Mass. v. EPA. Slides

15 March

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

Impact of Global Warming on South LA

17 March

Short version of Vermont Yankee - Optional reading: Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, 98 S. Ct. 1197, 435 U.S. 519 (1978)

Finish Chapter 6 - slides

22 March

Finish Chapter 6

Chapter 7 through p 289. Slides

24 March

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.

Chapter 7 to page 302. Slides

29 March

Medical marijuana

Bath salts - as I expected these are a varient of the basic amphetamine structure. d9 THC is more complex and thus harder to make.

While working on the study questions for Chapter 6, I realized that we have not covered some material after Mass v. EPA. These slides cover the remaining material in Chapter 6. We will discuss them before we finish Chapter 7.

Chapter 7 to page 302. Slides

31 March

Finish Chapter 7 - consolidated slides

5 April

Last couple of slides from Chapter 7.

I will start with a review of the history of administrative searches. The key cases are: Camara v. Municipal Court City and County, 387 U.S. 523 (1967); New York v. Burger, 482 U.S. 691 (1987). Read these for your own better understanding of the subject, but I will not assume you have read them for the lecture. Slides

Read Chapter 8. Slides

7 April

Chapter 9 to p. 404 (FOIA) Slides (this will be a lecture)

12 April

Finish reading Chapter 9. We will quickly finish these materials. Slides (revised)

We will then begin our study of the Federal and State Tort Claims Acts. These are the laws that allow suing an agency for negligent actions, such as the levee breach litigation. We will then study the Flood Control Act of 1928 which provides immunity for levee construction, and close the class with a look at the levee breach litigation and the future of New Orleans. The first two cases we read set out the policy for the Federal Tort Claims Act. Allen is very timely - it is a case involving claims of cancers caused by radioactive fallout from above ground nuclear testing in the American Southwest. Read the case carefully, especially the concurrence which lays out the facts. Along with Berkowitz, these cases present the core tension between effective government functioning and holding the government accountable in court for its mistakes. We will discuss these cases, meaning I will expect you to have read them and contribute to the discussion.:-)

Background information on the FTCA - review before you read the cases.

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

14 April

Berkovitz by Berkovitz v. U.S., 486 U.S. 531 (1988) - pay attention to the distinction the court draws between Varig Airlines (discussed in the case) and the Berkowitz facts.

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

Graci I & Graci II - Graci I is a key Flood Control Act of 1928 case, which happens to about the MRGO flooding during Hurricane Betsy. Graci II is the decision on remand. These cases are both an introduction to the levee law and invaluable Louisiana legal history. Read them carefully, especially Graci I - Flood Control Act immunity is pretty much unique in congressional sheltering of agency action.

Background Info

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

19 April

I have now posted all of the review questions.. In recognition of the limited time between the end of the class and the exam, none of the material that we discuss the last two days of class will be on the exam. We will explore the application of the FTCA and FCA in the Katrina cases against the Corps, and then the administrative law and hydrologic issues facing New Orleans and southern Louisiana.

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.

In re Katrina Canal Breaches Consolidated Litigation, 647 F.Supp.2d 644 (E.D.La. Nov 18, 2009) Final opinion and appendix. Slides

21 April

Capstone class


Exam Study Questions!!

Exam blog

Chapters 1 & 2 & Wooley.

Chapter 3

Chapter 4

Chapter 5

Chapter 6

Chapter 7

Chapter 8

Chapter 9

Suing the Government



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