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Study questions edited and supplemented for this course - redline version so you can see the changes (the additional material was drawn from the slides)
Superseeded by the above questions from the Nov 20 class - Adlaw review questions - these are not specifically tailored to this course, but we have covered most of the material. Check back the last week of class for any revisions.
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.
Examples & Explanations: Administrative Law, by Funk, Seamon, 2nd ed., 2006, ISBN: 0735558914
Administrative Law Stories, by Strauss, 1st ed., 2006, ISBN: 1587789590
Law in a Nutshell: Administrative Law & Process, by Gellhorn, Levin, 5th ed., 2006, ISBN: 0314144366
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.
Brief introduction to administative law (slides) (no reading assignment)
Adlaw movie on rulemaking and public participation. Chapter 1 in Examples and Explanations (EE)
Chapter 2 through page 51 in EE. Chapter 5 in Adlaw Stories (Stories). We are reading Chapter 5 as an introduction to the power of agencies.
Finish Chapter 2. Read paragraphs 178 - 260 in Buckley v. Valeo, 424 U.S. 1 (1976). - Study guide to Buckely. Review of Appointments
Read all of INS v. Chadha, 462 U.S. 919 (1983), using the study guide to direct your reading and prepare you for the class discussion.
Assignment carried over to next class.
Update! There is one thing Congress can do by joint resolution - what is it?
Separation of Powers in Louisiana - Wooley v. State Farm Fire and Cas. Ins. Co., 893 So.2d 746 (La. 2005) - guide
Chapter 3 - slides (in the form of questions)
Chapter 4 through page 118. Also Goldberg v. Kelly - Study questions
Finish Chapter 4, and read read Mathews v. Eldridge and the story about the case, p. 228-257. Study Questions (through Loudermill)
Finish discussion of Chapter 4. Read North American Cold Storage, which deals with public health takings and due process, and Altman v. City of High Point, N.C., 330 F.3d 194 (4th Cir.(N.C.) 2003), which deals with doggie due process.
Study Questions - doggie due process
Londoner v. City and County of Denver, 210 U.S. 373, 28 S. Ct. 708, 52 L. Ed. 1103 (1908); Bi-Metallic Investment Co. v. State Board of Equalization of Colorado, 239 U.S. 441, 36 S. Ct. 141, 60 L. Ed. 372 (1915).
Read these cases and be prepared to discuss what they tell us about the distinction between rulemaking and adjudication. Focus on the general facts of the case and how they contrast with each other. Do you think that subsequent cases have modified the nature of the hearing required in Londoner?
Chapter 5, through page 147. Introduction to rulemaking
Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, 98 S. Ct. 1197, 435 U.S. 519 (1978) and Gillian E. Metzger, The Story of Vermont Yankee, 124 - 168 in Administrative Law Stories. 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.
Chapter 5 through 182. Slides
Finish Chapter 5 - slides
Finished Chapter 5
Class cancelled. Have a good break!
Adlaw Stories - Jerry L. Mashaw, The Story of Motor Vehicle Mfrs Ass’n of the US v. State Farm Mutual Automobile Ins. Co.: Law, Science and Politics in the Administrative State, 334-398. Also read the case: 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) - slides.
Chapter 6, through 228. Slides
Finish Chapter 6 - slides
Adlaw movie day
Finish and discuss movie. Discuss Overton Park from the Administrative Law Stories
E&E - 257-297 - 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 analyse statutory intent.
City of New York v New St. Mark's Baths, 130 Misc. 2d 911, 497 N.Y.S.2d 979 (1986) - study guide
Chapter 8
Understanding Administrative Searches: Camara V. Municipal Court City And County, 387 U.S. 523, 87 S. Ct. 1727, 18 L. Ed. 2d 930 (1967); New York v. Burger, 482 U.S. 691 (1987)
Slides on adminstrative searches. Slides on the remainder of Chapter 8.
Chapter 9 - we will probably not finish the discussion of chapter 9 this class, but get it all read. Chapter 9 - slides
Suing the federal government: Dalehite v. U.S., 346 U.S. 15, 73 S.Ct. 956, 97 L.Ed. 1427 (1953);
Berkovitz by Berkovitz v. U.S., 486 U.S. 531 (1988) (study guide);
Leleux v. United States, 178 F.3d 750 (5th Cir. 1999)
This is a lot of reading. Use the slides to guide your reading so you can target the key issues - slides.
Discretionary authority in LA- Gregor v. Argenot Great Central Insurance Co., 851 So.2d 959 (La. 2003); how does this case fit with the FTCA analysis? Slides
Review session.
Study questions edited and supplemented for this course - redline version so you can see the changes (the additional material was drawn from the slides)
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