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Administrative Law (5402)
Spring 2013

New!

Exam Blog - email me questions and I will post the answers here so everyone benefits.

Review Questions

Chapter 5, Chapters 1&2, Chapter 3, Chapter 4, Chapter 6, Chapter 7, Chapter 8, Chapter 9, Suing the government.

Old exams - The course content varies by year, as does the format. The more recent exams are the best guide.

APA - this is an APA handout you can use for exam preparation. You cannot carry your copy into the exam, but I will include a copy with the exam so that you do not need to memorize APA sections. This will be the only material allowed in the exam.

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

Examples & Explanations: Administrative Law, Fourth Edition  (Dec 9, 2011)

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 points may be used.

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

Municipal Codes

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

15 Jan

Chapter 1. (General introduction) Slides

Chapter 5 to page 150, 179-183. Slides

Federal Register - https://www.federalregister.gov/

Electronic Code of Federal Regulations - http://ecfr.gpoaccess.gov/

17 Jan

Finish materials from last class.

30 years later

Grand Canyon Webcam

Regulators movie.

22 Jan

Pages 150-170. Slides

24 Jan

170-179, 183-195. Slides

Also read this one page GAO report on agencies claiming exceptions to notice and comment. (full report)

29 Jan

What do guidance documents look like?

Finish Chapter 5 - Slides

Example of an Executive Order: Executive Order Establishing the Office of Homeland Security and the Homeland Security Council

Recent executive orders

Executive Orders on National Security

2012 OMB Report on Costs and Benefits of Federal Regulations - Chapter 1, pp 9-49. Read for content but not detail.

Shattuck Report

Breaking news! An important appointments clause case that undermines my position that there is nothing new in appointments jurisprudence. We will look at this case later in the course. HuffPost on the case.

Cost benefit of armed guards in schools

31 Jan

State funding by the federal government

Time to read a real case: Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, 98 S. Ct. 1197, 435 U.S. 519 (1978) The nuclear power industry was killed through a combination of administrative law process by anti-nuclear power forces and two accidents. It is now reviving, but with an open question of how the public will react to the Japanese reactor meltdowns.

NRC fast track program for new reactors - the operating and construction permit process has now been consolidated, to reduce the opportunities for administrative delay.

Study Guide for Vermont Yankee (issues we will talk about in class) Slides (will be revised for next class)

Basics of nuclear power

Can nuclear power compete in the open market?

5 Feb

Administrative killing - the drone memo

Senate thinks about nuclear waste disposal

Finish Vermont Yankee. Slides (revised)

Scary developments in reactor design

Chapter 2 to p. 46 Slides

7 Feb

We are discussing Chadha in detail as a review of the legislative process and because it is a good introduction to the constitutional framework for immigration. Congress should be starting its hearing on the latest version of immigration reform on Thursday.

Amnesty

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. Chadha Slides

Finish Chapter 2. (We have covered some of the material on executive orders and executive office review already.) Slides Material that we do not get to will carry over to next class.

14 Feb

Finish material from Chapter 2. Chapter 3 through page 84. Slides

19 Feb

Finish Chapter 3 - Slides

21 Feb

Finish material from last class. Given how much we have left, I am moving the Bonvillian cases to next week.

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.

Slides for Wooley.

26 Feb

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 II Slides

This 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 4 to 2.  Modern Concept of “Liberty” and read Goldberg v. Kelly. Slides

Read the case carefully and be sure to read Justice Black's dissent as well. Given the current political debates about entitlements and welfare, this is a timely case.

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 - what is the impact of a post version pre-termination hearing?

28 Feb

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. Round Two - the stigma+ claims.

Chapter 4 to Section II.    What Process Is Due? Slides (subject to revision)

5 March

Finish prison cases from last class.

Read Mathews v. Eldridge (edited version). Read this case closely, in retrospect, it has turned out to be one of the most important adlaw decisions. The slides will be posted later and will provide specific questions you should be prepared to answer.

Finish Chapter 4 Slides (slightly revised)

7 March

Finish Chapter 4

Watch "Well Founded Fear"

12 March

Finish movie. New York City Soda Case

14 March

Chapter 6 to 6.Other Widely Shared Injuries. - slides (minor revisions)

19 March

Clapper v. Amnesty International USA, 568 U.S. XXX (2013) - 26 Feb 2013. Edited, reformatted, and rearranged version for class discussion. We are going to read this case closely to decide how much the Supreme Court has limited standing, or whether this is a sui generis national security law case. It reviews all the key administrative law standing cases in a challange to the FISA law.

Study questions based on the edited version of the case. We will go through these as a review of standing and how the court plays games with it. We will discuss this from the study questions and the opinion.

Finish the materials from last class. Slides from last class, slightly revised.

21 March

Finish material from last class Slides

Chapter 6 to A. Final Agency Action

26 March

Finish Chapter 6. What we do not get to in this class we will finish on Thursday. Slides

The transformation of SSI

28 March

Finish material from last class.

Chapter 7 to page 281. Slides

Massachusetts v. E.P.A., 127 S.Ct. 1438 (2007) - edited for our discussion of deference. Slides - subject to revision

2 April

Finish material from last class.

The regs that resulted from Mass. v. EPA

Coalition for Responsible Regulation v. E.P.A., which upholds the regs.

Chapter 7 to 293. Slides (subject to revision)

4 April

Finish material from last class (2 slides), finish Chapter 7. Slides (subject to revision)

9 April

What drives lawmaking - the Seatbelt Saga. (No assigned reading with this, we have already seen the State Farm case.).

Camara v. Municipal Court City and County, 387 U.S. 523 (1967) par. 23-56.

Chapter 8 to IV. OBTAINING DOCUMENTS AND TESTIMONY.

Slides - these draw on the Camara, the reading in the book, and some cases from your criminal law and procedure courses.

11 April

Finish materials from last class, finish chapter 8. Slides

16 April

Chapter 9. Slides

Petition in the LA public records act case against LSU on the appointment of the new president.

18 April

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

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.

Slides

Comparison of 42 USC 1983 versus FTCA - This is for your reference, not to memorize for the exam.

23 April

FYI - this is the FBI explanation of the public safety exception to Miranda.

Berkovitz by Berkovitz v. U.S., 486 U.S. 531 (1988) (use the slides to parse the case)

A brief based on Berkovitz before the USSC this term, and cert was just denied.

Vibrio Vulnificus

Incidence and Trends of Infection with Pathogens Transmitted Commonly Through Food — Foodborne Diseases Active Surveillance Network, 10 U.S. Sites, 1996–2012

Oyster Politics

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

Slides

Introduction to flood control law

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

Graci v. U.S., 435 F.Supp. 189 (E.D.La. 1977) (short case, just finds that the Corps wins because it exercised discretionary authority)

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.

Slides (what we do not finish will carry over to the next class)

25 April

http://sites.law.lsu.edu/coast/

Richards, Edward P., The Hurricane Katrina Levee Breach Litigation: Getting the First Geoengineering Liability Case Right (February 13, 2012). University of Pennsylvania Law Review PENNumbra, Vol. 160, p. 267, 2012. Available at SSRN: http://ssrn.com/abstract=2004679

MRGO Bottleneck

Should Katrina have been a surprise? Scroll down to the collection of stories, Washing Away

The Hurricane Pam Exercise, in which Louisiana promised FEMA that it was ready for a major hurricane.

Flood Chronology

In re Katrina Levee Breaches, 5th Cir, Round II (The very rare situation where the 3 judge panel overrules itself, rather than the case going on to en banc review.) (District court opinion for reference, you do not have to read this: In re Katrina Canal Breaches Consolidated Litigation, 647 F.Supp.2d 644 (E.D.La. Nov 18, 2009) Final opinion and appendix. )

Slides

 

 

 

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