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Administrative Law (5402)
Spring 2010

Exam Prep Materials

Exam Blog - be sure to check this periodically

Old Exams - these are administrative guidence, not precedent

Review Questions - Part I

Review Questions - Part II

Review Questions - Part III

Course Information

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

Examples & Explanations: Administrative Law, by Funk, Seamon, 3rd ed., 2009, ISBN: 0735578273

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 may have electronic quizzes that will count toward the final grade.

Useful Study Aids

Law in a Nutshell: Administrative Law & Process, by Gellhorn, Levin, 5th ed., 2006, ISBN: 0314144366

Administrative Law Resources

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.

12 Jan

Chapter 1 in E&E. Lecture and discussion of administrative law in the news - think health care reform. Slides

How a bill becomes a law.

14 Jan

The Regulators movie, followed by discussion.

19 Jan

Chapter 2 to page 54.

INS v. Chadha, 462 U.S. 919 (1983) Study guide Slides

21 Jan

Finish Chapter 2. Slides

Breaking News - The Supreme Court has ruled that corporations may spend freely to support or oppose candidates for president and Congress, easing decades-old limits on their participation in federal campaigns.

By a 5-4 vote, the court overturned a 20-year-old ruling that said corporations can be prohibited from using money from their general treasuries to pay for campaign ads. The decision, which almost certainly will also allow labor unions to participate more freely in campaigns, threatens similar limits imposed by 24 states. The justices also struck down part of the landmark McCain-Feingold campaign finance bill that barred union- and corporate-paid issue ads in the closing days of election campaigns.

26 Jan

Finish Chapter 2. Read Chapter 3. Slides

28 Jan

Finish Chapter 3, read Chapter 4 to 2.  Modern Concept of “Liberty”(slides), and read Goldberg v. Kelly (slides)

2 Feb

Chapter 4 to Limitations on Hearing (through the prison cases) Slides

LA Prison Stats

Pre-Katrina murder rate in New Orleans

State murder rates

4 Feb

No new reading.

College Funding in LA

9 Feb

Read Mathews v. Eldridge. Finish reading Chapter 4. Slides

Monkey Law!

Monkey Business - The Louisiana Postsecondary Education Review Commission has decided that the question is how to make LSU like Bossier Parish Community College - while their proposal will certainly move LSU in that direction, is that the right question?

Derailing the appointments process

Kefauver mob hearings

11 Feb

Finish Chapter 4

Excerpts from the documentary, Well Founded Fear.

18 Feb

Finish and discuss movie.

23 Feb

Immingration law nightmare - NYT

 

Health Care is Back on the Table - We will take some of the class on Tuesday to talk about the administrative law side of the health care debate, since the big summit meeting will be on Thursday.

The President's Proposal

When States Become Dependent on Federal Aid

Introduction to Health Economics

25 Feb

The LA Story

Separation of Powers in Louisiana - Wooley v. State Farm Fire and Cas. Ins. Co., 893 So.2d 746 (La. 2005) - guide to reading the case - slides for Wooley

Will the Courts enforce ALJ order against the agency? - 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 issue was just in the news - the appeals court said that the ALJ gets to make the final rulings on legal issues for the LA Ethics Commission - Adlaw in news - were those ethics reforms real?.

2 March

Read Chapter 5 to: c. Rules of Agency Organization, Procedure, or Practice. Slides

4 March

Google pandering proclamation / analysis

Crime in the other LA

Chapter 5, to 1. Executive Orders Slides (subject to revision)

Read: Motor Vehicle Mfrs. Ass'n of U.S., Inc. v. State Farm Mut. Auto. Ins. Co., 463 U.S. 29, 103 S.Ct. 2856, 77 L.Ed.2d 443 (1983) - use the slides for guidence. This is a story about the political control of agencies.

9 March

A little dog law

Finish State Farm

Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, 98 S. Ct. 1197, 435 U.S. 519 (1978) - slides

While Vermont Yankee is about rulemaking, it also discusses standards for judicial review of agency action. While we will discuss judicial review in more detail later, we will use this case as our introduction. Vermont Yankee is an example of effectively using administrative costs to change policy - while environmentalist groups opposed to nuclear power did not win any of the cases against the nuclear power industry, they successfully delayed the construction and licensing of nuclear power plants and made it uneconomic to continue to construct new plants. Ironically, electric power generation is now a major contributory to sulfate pollution and carbon dioxide emissions and there is a push by environmentalists to find cleaner ways to generate electric power. We will discuss these policy issues as background to the case.

11 March

Finish Vermont Yankee

Finish Chapter 5 Slides

Saving Lives: A Review of the Record - be sure to review the tables at the end of the article.

Slides on Regulatory Policy - think about these questions before we discuss them.

CBA on oysters?

FDA response

16 March

Finish Cost benefit from last class.

Quick look at the two cases setting up the jurisprudential conflict over CBA:

Industrial Union Dept., AFL-CIO v. American Petroleum Institute, 448 U.S. 607 (1980) - first 19 paragraphs

American Textile Mfrs. Institute, Inc. v. Donovan, 452 U.S. 490 (1981) - first 28 paragraphs

18 March

We will briefly finish CBA by looking at the FDA example, see revised slides.

Chapter 6, to: 2. Representational Standing - Slides

Chapter 6 is the heart of traditional adlaw - judicial review. This is the core for enviromental law and for is an important part of practice. It is also a good review of material you are likely to find on the bar.

23 March

Breaking news

Chapter 6 to III. Problems of Timing, Slides (sorry about the delay - we are still working out the bugs in the FTP change over)

25 March

Massachusetts v. E.P.A., 127 S.Ct. 1438 (2007) - the global warming case. Study Questions - slides

Impact of Global Warming on South LA

This is the first in what will be a long line of global warming cases litigating the role of federal agencies. We will talk about global warming, its effect on LA, and the legal issues it poses. Mass. v. EPA is also a classic standing case, and a case about judicial review of an agency's refusal to make a rule requested by a rulemaking petition.

30 March

Finish Chapter 6 - slides

1 April

Finish Chapter 6. Chapter 7 through the Gonzales v. Oregon example. 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

Continuing the tobacco regulation saga - preemption of state regulation - Lorillard Tobacco Company v. Reilly, 533 U.S. 525, 121 S.Ct. 2404, 150 L.Ed.2d 532 (2001) - slides

6 April

Finish the tobacco story. Finish Chapter 7 - slides

8 April

Understanding Administrative Searches: Camara v. Municipal Court City and County, 387 U.S. 523 (1967); New York v. Burger, 482 U.S. 691 (1987)

Slides on Administrative Searches. This will be a fast paced lecture. If you are in my national security law class, or took it last year, you may sign the roll and leave if you get bored.

13 April

Shutting down Colorado Springs

Chapter 8 - Slides

Chapter 9 to 404. We are going to do an abreviated treatment of FOIA because of time constraints. Slides

15 April

Finish Chapter 9 - Slides

Third New Orleans child attacked by pit bull in one week

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

Bad vaccine - Berkovitz by Berkovitz v. U.S., 486 U.S. 531 (1988) and Bad Oysters - Gregor v. Argenot Great Central Insurance Co., 851 So.2d 959 (La. 2003) - Slides - Comparing 42 USC 1983 and the FTCA

We will likely not get all this done, but we will try. Anything left carries over.

20 April

States bite Amazon

Finish materials from Thursday.

Start flood control law, depending on time. This is not exam material, but is here as a capstone - the levees and the levee litigation is a pure adlaw play. It is critical to our future in Southern LA to understand where science ends in this and politics begins - no matter what decisions politicians make, nature is the final arbitrator. Politicians tell the Corps to build things, they limit the money available to build them, and they do not ask the Corps if the things they want built make sense or will work. The Corps is then sued when these political choices result in disasters. The FTCA and the Flood Control Act of 1928 allow the Corps to function in this political environment. The interaction of those two is the core of the levee litigation.

Slides

22 April

Graci v. United States, 456 F.2d 20 (5th Cir. 1971) - added as reference case, not required reading

Introduction to the Flood Control Act of 1928 - Florida East Coast Railway Co. v. United States, 519 F.2d 1184 (5th Cir. 1975), pars 43-53

Limits on flood control immunity - Central Green Co. v. United States, 531 U.S. 425 (2001)

Levee Law

 

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