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Administrative Law, Fall 2003
Professor Edward Richards

Administrative law is fundamental to modern law practice. While not on the bar examination as such, administrative law concepts are covered under the constitutional law questions.

Administrative law is critical to health law at both the state and federal level. The objective of this course is to introduce the students to general administrative law theory and practice, taught with a special emphasis on public health and safety. This course will cover the core areas of administrative law under the federal Administrative Procedure Act, the Louisiana state administrative code, and relevant court decisions. Where applicable, legal principles will be illustrated with statutes and cases dealing with health and public health issues.

Text book: Bonfield and Levin's: State and Federal Administrative Law, 2nd ed. 1998. Additional materials and study guides will be provided on this WWW site.

Important links:

Remember to check the Q&A page!

Gateway to Federal Agencies

Federal APA

Louisiana Administrative Law

Old Exams

Administrative Law Winter 2003

Administrative Law Fall 2001 - Exam

Administrative Law Winter 2001 - Exam (html)

Administrative Law 2000 - Exam

Sample Exam Answers - PDF - Word

Assignments

19 Aug 2003

Read Chapter One, be prepared to discuss the issues in the study guide for Chapter One. Slides

21 August 2003

North American Cold Storage Co. v. City of Chicago, 211 U.S. 306 (1908), paragraphs 40 - 52. Pages 18 - 42 in the text. Study Guide - Slides - I add to the slides each class until we finish the chapter, so you need to download the completed chapter if you want them for review.

26 August 2003

42 - 64 - study guide - Note: the study guides may also contain supplemental information. Slides

28 August 2003

64 - 83 - study guide

2 Sept 2003

83 - 109 - Study guide - Slides

4 Sept 2003

109 - 142 - Study Guide

9 Sept 2003

142 - 163 - Study Guide - Intro to Louisiana Open Panel Constitutional Issue - Prof. Baier's Brief in State Farm v. Wooley. This is the case that has challenged the constitutionality of the LA ALJ system. Read the brief and see if you can sort out the issues. Additional documents are here if you want them.

These are the LA APA sections that deal with central panels. We will review them in class to see what the legislative problem is. Please review them before class if you have time. I have marked the key ones

Sept 11

Introduction to Rulemaking - No assignment, we will watch a film. Attendance will be taken.

Sept 16

We will review the sections of the LA APA from last class and these additional sections. These set out the basic rights and procedures for administrative hearings in Louisiana.

§955. Adjudication; notice; hearing; records
§ 956. Rules of evidence; official notice; oaths and affirmations; subpoenas; depositions and discovery; and confidential privileged information
§ 957. Examination of evidence by agency
§ 958. Decisions and orders
§ 959. Rehearings
§ 960. Ex parte consultations and recusations
§ 961. Licenses
§ 962. Declaratory orders and rulings

Sept 18

This is going to be a constitutional law day. The Bush administration is asking for authority to use administrative warrants for terrorism investigations. These are not covered in our book so we are going to read the two key U.S. Supreme Court cases:

The Supreme Court Allows Area Warrants - Camara V. Municipal Court City And County, 387 U.S. 523, 87 S. Ct. 1727, 18 L. Ed. 2d 930 (1967)

SC Extends Area Warrant Requirement to Commercial Businesses - See v. Seattle, 387 U.S. 541, 18 L. Ed. 2d 943, 87 S. Ct. 1737 (1967)

Slides

Sept 23

163 - 196 - Study Guide - Slides

Sept 25

196-218 - Study Guide

We will watch the adlaw movie when we finish the assignment on Thursday.

California Recall Election Opinion - Audio of Oral Argument - Video - These are just for your interest. They will not be on the exam.:-)

Sept 30

Georgia HIV Reporting Law Proposed Rule - an example of a proposed rule for comment.

218 - 253 - Study Guide - Slides for TTh

Oct 2

254 - 304 - Study Guide (look at the slides as well to parse the reading) - LA Emergency Rules

Oct 9

304 - 323 - Study Guide - updated slides - these are cost benefit review materials. We will discuss the concepts but you do not need to know the details of Executive Order 12866 review. We will review its requirements in class just to analyze how complying with it affects the agency.

323 - 358 - Study Guide

While this looks like a long assignment, the second set of readings just adds to our knowledge of interpretive versus legislative rules and does not many new concepts.

New GAO Report on Regulatory Takings - if you are interested in this area, this report details the legal theories, the Executive order addressing agency actions that might be a taking, and the whether governmental policy needs to be updated in line with recent court decisions.

14 Oct

Review 323 - 358 from last class.

358 - 396 - Study Guide - Slides

LA Standards for Rulemaking

16 Oct

397 - 441 - Study Guide - Slides (Chapter 7)

21 Oct

Skip 440-446 in the book and read the real case instead - Immigration and Naturalization Service (INS) v. Chadha - Study Guide - continue with Chapter 7 slides

23 Oct

464 - 492 - Study guide continue with Chapter 7 slides (all are posted now)

28 Oct

492 - end of Chapter 7 - Study guide and the Chapter 7 slides, we will not cover this in much detail.

The Freedom of Information Act was adopted in its present form in 1967. Read the statement of president Johnson and the following forward by the attorney general. Then read to page 35 of the Citizen's guide to the Freedom of Information Act. (HTML version)

The objective of this reading is to figure out why we have the FOIA and how to get a document under FOIA. This is an important area of law practice and a useful skill. - FOIA Slides

30 Oct

Finish materials from time last Thursday. Old Slides

507 - 535 - Study Guide - Slides

Louisiana Open Meetings Law

4 Nov

535 - 571 - Study guide - Slides - Chapter 9 complete

6 Nov

571 - 602 (We are not reviewing 602-611) - Study guide - this contains a supplement case, be sure to read it.

11 Nov

611 - 632, Study Guide

Jacobson v. Commonwealth of Massachusetts, 197 U.S. 11 (1905) - paragraphs 62-88. Key case on the state police power - the smallpox case.

St. Mark's Baths, - Study Guide for St. Mark's Baths - the bathhouse case.

This class is intended for mature viewers. You should read these cases. Apart from the law, they are pretty interesting stories.

Slides

13 Nov

632 - 655, Study Guide, plus Berkovitz and Berkovitz Study Guide

Exemptions to the FTCA,

See Comparing 42 USC 1983 and Tort Claims Acts

These are the materials on the federal tort claims act. If you represent a client with a tort claim against the federal government, you need to know this. If you get interested, or have a clerking problem that involves medical tort claims, I have collected some key cases here.

We are going to stop at the end of Chapter 10 and put the first few pages of Chapter 11 over to next class.

Slides

18 Nov

655-667 - Study guide (remember the materials held over from last class. Slides

20 Nov

667-end - Study Guide

25 Nov

Anything we have not finished, and a review.

Greatest Hits - These are the cases we discussed in some detail in class that you should be familiar with.

The slides are a good overview of the course. I have cleaned them up and reformed some of them, but I have not changed their content since we used each set in class. In addition, I have prepared some general review questions that covers the same material in a slightly different way.

Chart

Adlaw Questions and Answers

 

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