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Administrative Law (5402)
Spring 2014

Exam question blog

Study Questions: Chapter 1 & 2; Chapter 3; Chapter 4; Chapter 5; Chapter 6; Chapter 7; Chapter 8; Chapter 9; Suing the Government

Required Text: (You can buy this online if it is 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, as well as quizzes during the term.

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

14 Jan

Chapter 1. What is administrative law? Look for examples of adminstrative law in the news to discuss in class. Slides (The independent agency material from Chapter 1 will be discussed with the appointments material in Chapter 2.)

Adlaw in the news - appointments power from Chapter 2

Jeff Parish Pump Case

16 Jan

News - ACA

Chapter 2 to page 41 - read, but you do not need to parse it carefully. We will cover this very quickly. It is of great historical interest, but limited current use. Slides

Chapter 2 41-46 - read more carefully. - Slides

Jan 21

Hold over slides from last class (last 2).

INS v. Chadha, 462 U.S. 919 (1983) (paragraphs 25-157) - Chadha is a chance to review the history of separation of powers and how the Great Compromise still drives the politics of Congress. Use the slides to guide your reading so you will be prepared to discuss the case in class. Chadha Slides.

Chapter 2 to page 64. Slides

Jan 23

Finish Chapter 2 - slides

Chapter 3 to page 92 - slides

28 Jan

Snow day

30 Jan

Canceled.

4 Feb

NPR story on executive orders / Marketplace - this will be a theme of the state of the Union address.

Finish Chapter 3. - slides

Read Wooley v. State Farm Fire and Cas. Ins. Co., 893 So.2d 746 (La. 2005) (start reading at [48]) 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

6 Feb

Free enviromental communications program Friday - longer

Bonvillian v. Dep't of Insurance, 906 So.2d 596 (La.App. Cir.1 2005) and after remand and appeal - Bonvillian, round II. Slides

Chapter 4 to 2.  Modern Concept of “Liberty” (page 114) - slides

11 Feb

Chapter 4 to b. Liberty and Correctional Facilities (118) and read Goldberg v. Kelly.

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?

Ivor van Heerden case - is the 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.

Slides - revised

13 Feb

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.

Costs of SSI Disability

Finish Chapter 4. Slides

LA prison info

14 Feb - 1:30-3:00

Consolidated slides for make-up class.

Room Change!! Friday the 14th, we are in RM 106. Class starts at 1:30.

Finish Material from Thursday.

Chapter 5 to page 150, 179-183. Slides

18 Feb

Recording of Saturday's class - listen to it before Tuesday's class for background.

NYTimes: U.S. Issues Marijuana Guidelines for Banks -http://nyti.ms/1f2vs8M

Pages 150-160. Slides

The Regulators Movie.

30 years later

Grand Canyon Webcam

20 Feb

NYTimes: As Obama Vows to Act on Climate Change, Justices Weigh His Approach -http://nyti.ms/1jRveVZ - The third climate change case is argued before the Supreme Court on Monday. The question is whether the EPA properly interpreted the Clean Air Act provisions on auto emissions as it giving it authority to regulate other sources of greenhouse gases.

Pages 160-179. 183-188. Slides

25 Feb

Pages 188-197 - slides

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?

Nuclear power in a age of cheap natural gas.

27 Feb

Finish chapter 5. Slides CBA - subject to revision

Who is making money on LA prison policies.

2103 Draft Report on the Costs and Benefits of Regulations - look at the cost benefit tables in Chapter 1.

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.

Cost benefit of armed guards in schools - example of a proposed high cost response to an emotional risk.

6 March

See top of page for student questions.

Chapter 6 to 6.Other Widely Shared Injuries. - Slides

Clapper v. Amnesty International USA, 568 U.S. XXX (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.

7 March

Room 216 - 1:30. We will watch a movie on asylum hearings: Well-Founded Fear. This is a powerful examination of administrative hearings in immigration law. It illustrates the problems of fairness in underfunded and poorly structured agencies,. as well as the corruption of the immigration law system. The movie is about 2 hours.

Asylum Fraud in Chinatown: Industry of Lies

11 March

Chapter 6 to 3. Prudential Standing - 233. - slides

Massachusetts v. E.P.A., 127 S.Ct. 1438 (2007) - the global warming case. Paragraphs 23-85. We will read more of the case when we are reading Chapter 7. We are going to look carefully at this case and climate change as the critical regulatory dilemma of our time. - slides

13 March

Continue our discussion of Mass v. EPA.

Chapter 6 to B. Exhaustion of Administrative Remedies - 254. Slides (subject to revision)

18 March

Finish Chapter 6. Slides (subject to revision)

20 March

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

25 March

Sowing adlaw confusion:

This one lists the CIA and the EPA as independent agencies.

http://legal-dictionary.thefreedictionary.com/Administrative+Agency

The CIA itself claims to be an independent agency:

https://www.cia.gov/about-cia/todays-cia

What do they really mean?

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. This case shows what the court does when it does not like results of Chevron. Slides - Oral Argument before the USSC.

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 293. Slides

Read this before class!! How does this fit with Brown and Williamson?

Social Class and Smoking

Social Class and Life Expectancy

27 March

Breaking News! NLRB finds college football players are employees, able to unionize. The Opinion Will this be Skidmore or Newboys if it survives review by the NLRB commissioners?

Chapter 7 to 307. Slides

Adlaw in the News!

Major rulemaking on wetlands under the Clean Water Act:

http://www2.epa.gov/uswaters/definition-waters-united-states-under-clean-water-act

http://www2.epa.gov/uswaters

http://yosemite.epa.gov/opa/admpress.nsf/3881d73f4d4aaa0b85257359003f5348/ae90dedd9595a02485257ca600557e30

This is a big deal for Louisiana.

1 April

Discuss Well Founded Fear - this is on Moodle and was assigned as a makeup class.

Finish Chapter 7. Slides (subject to revision) Seatbelt Saga

3 April

Legislative Science

The popular perception of search law has been shaped by TV shows and movies, with their endless plots around whether warrants were properly obtained and executed. Law schools still focus the 4th Amendment criminal law search warrant and the exclusionary rule. Yet in the modern world, 4th Amendment probable cause warrants are only small part of the search world. Most searches are done under administrative law power, from home inspections for rat control to national security surveillance. These are done with abbreviated warrants or no warrants at all. This is a critical area of law that does not get much attention even in traditional administrative law courses. We cannot take time to do it justice - that is done in National Security and Counterterrorism Law - but over the next two classes we will do an intensive introduction to administrative search law.

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.

Resource Cases

Frank v. Maryland, 359 U.S. 360 (1959)

See v. Seattle, 387 U.S. 541, 18 L. Ed. 2d 943, 87 S. Ct. 1737 (1967)

New York v. Burger, 482 U.S. 691 (1987)

8 April

Finish Chapter 8. Slides (subject to revision)

10 April

Chapter 9. Slides

FOIA resources

15 April

The joys of public hearings

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

Suing the Government

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.

Reference case - Harlow v. Fitzgerald, 457 U.S. 800 (1982)

Should Pets Have the Same Legal Rights as People?

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.

Suing the military - Classic case baring active duty military personnel from suing for service related torts - Feres v. U.S., 340 U.S. 135, 71 S.Ct. 153, 95 L.Ed. 152 (1950)

Slides

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

Suing the Government - Resources

17 April

Qualified immunity? - LA Sodomy law

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

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

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

Hepatitis A Transmitted by Food

Slides

22 April

Waters of the United States - example of online commenting.

Pelican Institute on crime and incarceration in LA

NYTimes: Court Deportations Drop 43 Percent in Past Five Years http://nyti.ms/1h4Fh3a

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 - flood law

Slides - Understanding the Mississippi Delta

24 April

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. The Mythical Hurricane Response Plan

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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