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Examples & Explanations: Administrative Law, by Funk, Seamon, 3rd ed., 2009, ISBN: 0735578273 - There is also a 4th Edition, if it is in stock:
Both should be available online at Amazon and BN.COM. The 4th edition is close enough to the 3rd that if you cannot find it, the 3rd should work.
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 will use either the Moodle discussion forum or a blog, and we may use CALI exercises and other electronic aids.
Law in a Nutshell: Administrative Law & Process, by Gellhorn, Levin, 5th ed., 2006, ISBN: 0314144366
Federal Administrative Procedure Act
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 Slides
Chapter 2, to page 54. We will touch very briefly on the delegation doctrine, pages 30-42. Read them, but you do not need to be prepared to discuss them. (These are 3rd edition pages, I will double check the pages in the 4th later today.)
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.
Finish chapter 2 - slides
Finish Chapter 2. Study questions for Chapters 1 & 2.
Chapter 3 to IV. Procedures for Informal Adjudication - Slides
This continues our structural introduction to administrative law systems.
News - Controversy over the Volker Rule - the actual rule - you can see why regulatory lawyers get the big bucks.:-)
More news - NYTimes: Rejecting Pipeline Proposal, Obama Blames Congress: http://nyti.ms/yl8PcO
Finish Chapter 3 - Slides
Chapter 4 to 2. Modern Concept of “Liberty” and read Goldberg v. Kelly. Read the case carefully and be sure to read Justice Black's dissent as well. Slides
You probably read Goldberg in Constitutional Law, but we want to look more closely at the process and its critique, and the particular issue of the timing of the hearing. This will set us up for Matthews.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
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.
News (welfare) News (prisons) Prison Population Active Duty Military
Finish materials from last class.
Review Questions - Chapter 3
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.
LA Adlaw day. Bonvillian v. Dep't of Insurance, 906 So.2d 596 (La.App. Cir.1 2005) and after remand and appeal - Bonvillian, round IIThis is real adlaw practice in LA. How do you get an order from an ALJ enforced when the agency refuses to follow it? Is Bonvillian II in conflict with Wooley?
Chapter 5 to A. Rules Exempt from Section 533. Slides Regulators movie.
Chapter 5 to G. Constitutional and other judicially created procedural requirements. Slides
Finish material from last class.
Time to read a real case in detail: Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, 98 S. Ct. 1197, 435 U.S. 519 (1978)
The key issue in this case is whether the court had the power to require more procedure for rulemaking than provided by the agency and the APA. The subtext is about the public and judicial hostility to nuclear power plants in the 1970s, and how permit hearings were used to slow down construction to the point where it was no longer cost effective to build the plants. This, combined with Chernobyl and Three Mile Island, killed the industry for 30 years. There was bipartisan support for reviving it as a source of cheap, American, carbon-free energy, until the Fukushima nuclear disaster. Despite this, permits were just issued for the construction of the first new plants in 30 years - http://www.nrc.gov/reading-rm/doc-collections/news/2012/12-013.pdf.
Finish Chapter 5. Read 10-50 in 2011 REPORT TO CONGRESS ON THE BENEFITS AND COSTS OF FEDERAL REGULATIONS AND UNFUNDED MANDATES. (Concentrate on 33-50, but look at the tables in the first part.)
Slides - Chapter 5 III
Slides - CBA
Oil consumption - Oil Production
DEA order revoking a physician's license to prescribe controlled substances.
Chapter 6 to 6.Other Widely Shared Injuries.
Greenhouse Gas Regs Under Attack
Finish materials from last class
Massachusetts v. E.P.A., 127 S.Ct. 1438 (2007) - the global warming case. Slides
Chapter 5 study questions. (revised 29 Feb 12, 8:00PM)
Finish Mass v. EPA Slides
American Electric Power Co., Inc. v. Connecticut (just as an example of the consequences of the regs)
Chapter 6 to II. Exceptions to Judicial Review under the APA.
Finish Chapter 6
Louisiana Government Team Building
Finish material from Chapter 6.
Chapter 7 to 281 or to where the book discusses FDA v. Brown & Williamson. 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.
Chapter 7 to: II. SUBSTANTIAL EVIDENCE REVIEW
Read Chapter 7 through the discussion of the seat belt case, (page 309 in edition 4) Slides
Read Motor Vehicle Mfrs. Ass'n of U.S., Inc. v. State Farm Mut. Auto. Ins. Co., 463 U.S. 29 (1983).
This case gives us a clear look at the court taking a hard look at the record supporting a regulation, in the context of the withdrawl of a regulation. The seatbelt regulations are a good example of evolving regulatory policy through different political administrations, which is then overtaken by market forces as safety becomes a selling point. SlidesNews (contrast - CERCLA s107(h), 42 USC s9613(h), provides that "[n]o Federal court shall have jurisdiction under Federal law ... to review any order issued under section 9606(a) of this title [except in certain circumstances])
Finish Chapter 7 slides
Smallpox - Red Book
Chapter 8 to II Administrative Inspections (only a few pages)
Camara v. Municipal Court City and County, 387 U.S. 523 (1967) Slides for Chapter 8 intro and Camara
We will not get to Burger until next class. We will spend a little time on what is before the Supreme Court this week in the ACA.
New York v. Burger, 482 U.S. 691 (1987) - you should have seen Burger in one of your crim law courses, but we look at it from the admnistrative law POV. Slides
Finish reading Chapter 8. Slides (only a few, we will finish this next class)
Finish Chapter 8. Slides
First person child sexual abuse reporting in LA
Introduction to FOIA - Lecture - Slides
Chapter 9.
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.
Introduction to the Federal Tort Claims Act:
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.
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.
Comparison of 42 USC 1983 versus FTCA - This is for your reference, not to memorize for the exam.
Berkovitz by Berkovitz v. U.S., 486 U.S. 531 (1988) (study guide) - application to a negligence action.
Louisiana Tort Claims Act:
Bad Oysters - Gregor v. Argenot Great Central Insurance Co., 851 So.2d 959 (La. 2003)
Study questions - Suing the Government.
This completes the material that will be covered on the exam.
Hurricanes
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)
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.
Should Katrina have been a surprise?
The Hurricane Pam Exercise, in which Louisiana promised FEMA that it was ready for a major hurricane.
In re Katrina Canal Breaches Consolidated Litigation, 647 F.Supp.2d 644 (E.D.La. Nov 18, 2009) Final opinion and appendix. Slides
Katrina Levee Breeches Litigation before the 5th Cir. Brief for the US, Brief for Plaintitts, Reply Brief for the US. Recording of oral arguements before the 5th Circuit.
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