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Administrative Law, Winter/Spring 2003
Professor Edward Richards

Review Materials - Do not Miss This Section!!!

New! Sample Exam Answers - PDF - Word

Understanding Administrative Law - addenda (things I think of between now and the final)

Adminstrative Law's Greatest Hits - Cases you should recognize

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 and it's 2001 supplement. Additional materials and study guides will be provided on Professor Richards WWW site.

I reserve the right to add and deduct from a student's grade for classroom participation.

Important links:

Louisiana Administrative Law

Online APA

Old Exams

Administrative Law Fall 2001 - Exam

Administrative Law Winter 2001 - Exam (html)

Administrative Law 2000 - Exam

Assignments

Day 1

Chapter 1 - Study Guide

Day 2

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

Day 3

42 - 64 - study guide - NY Times link

Day 4

64 - 83 - study guide - word processor format - html - see if the word processor format works better for you. Chapter 2 review.

Day 5

83 - 109 - Study guide.

Day 6

109 - 142 - Study Guide, slides

Day 7

142 - 163 - Study Guide

Review these sections of the LA APA:

§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

Day 8

Continue reading the LA APA:

Day 9

163 - 189 - Study Guide - Slides

I have put up materials for the next few weeks - keeping checking the WWW site before class in case there are breaking news items I want to bring to your attention.

Day 10

189 - 218 - Study Guide

Day 11

218 - 253 - Study Guide - Professor Baier's Brief in the Wooley Case -

Day 12

253 - 286 - Study Guide

Day 13

286 - 323 - Study Guide- Update Slides for the remainder of Chapter 5

Day 14

323 - 358 - Study Guide - Slides - Chapter 6 - complete

Day 15

358 - 396 - Study Guide - Alaska Sex Offender Case

Day 16

397 - 428 - Study Guide - Slides

LA Emergency Rules

No Class Thursday, 13 March.

Day 17

428 - 441, use this study guide, then read this version of Chada and use this study guide

Read Chada carefully - we will use it to review many adlaw points. It is a long case, but think of it as two class assignments.

Day 18

March 20 - Adlaw movie day - We will watch the Regulators, a Frontline on how regulations are made. Bring your own popcorn.

Day 19 - March 25

464 - 492 - Study guide - Slides - Revised

Day 20 - March 27

492 - 525 - Study Guide - review § 552 Public information; agency rules, opinions, orders, records, and proceedings

DOJ Guide to FOIA

Department of Labor FOIA Guidelines

DOJ - Questions and Answers on the Freedom of Information Act and the Privacy Act

Slides

Day 21 - April 1

525 - 534 - Study Guide - We will finish FOIA from last time, then finish the chapter through 534. I will also spend some time going over the appointments clause again, this time with some illustrations, to make sure we all understand what is going on with this. The next section is judicial review, and I would recommend you start your readings over the weekend since it is pretty dense material.

Chapter 7 slides updated with new appointments process materials

Chapter 8 slides

Louisiana Open Meetings Law

Day 22 - April 3

535 - 571 - Study guide - Chapter 9 Slides

Day 23 - April 8

571 - 592 602 - I miss typed this assignement. It should have included the handout as I directed at the end of class when I gave it out, and the additional 10 pages. I will cover the extra pages with slides, but read them ahead of time if you get the chance. (We are not reviewing 602-611)

Study Guide

Day 24 - April 10

611 - 632, plus St. Mark's Baths, a case dealing with what courts should do to do when experts disagree on a public health and safety measue.

Study Guide

Study Guide for St. Mark's Baths

Slides - Chapter 10

Day 25 - April 15

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

Exemptions to the FTCA,

Correction to discussion of 42 USC 1983 - I was incorrect when I said that 1983 applies to state officials in their OFFICIAL capacity. You can sue city and other non-state officials both personally and in their official capacity. You can only sue state officials personally because of the 11th Amendment. You can get an injunction against the state under 1983, but cannot get damages. Thus in a state prison case, you sue the director of prisons personally and move for an injunction to force the state to cure the unconstitutional violations. The state then defends the official and protects him from a verdict for things done within his official capacity. The court can order the official to stop unconstitutional behavior and enforce the order through contempt of court. See Comparing 42 USC 1983 and Tort Claims Acts

Day 26 - April 17

655 - 686 662, study guide, Slides - Chapter 11

Day 27 - April 22

662 - 693, Study guide for 686-693 - Sorry about the delay in getting this posted. I am working out a computer problem. I should have the sample exam answers up by Wednesday night.

Day 28 - April 24

693 - End - Study Guide

April 25 - Review Session - Optional

Room 212, 1:30 - 3:00

 

 

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