Examples & Explanations: Administrative Law, by Funk, Seamon, 2nd ed., 2006, ISBN: 0735558914
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.
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.
No reading assignment. Brief introductory lecture on administrative law, followed by the movie, The Regulators. Slides
Text through page 40. Slides - Chapter 1 and introductory review.
Text through page 50. Read INS v. Chadha, 462 U.S. 919 (1983), using the study guide to direct your reading and prepare you for the class discussion. Slides
Finish Chapter 2 - Slides
Separation of Powers in Louisiana - Wooley v. State Farm Fire and Cas. Ins. Co., 893 So.2d 746 (La. 2005) - guide - slides (we will first finish the discussion of Chapter 2. )
Wooley materials from previous class.
Court will not enforce ALJ order against the agency - Bonvillian v. Dep't of Insurance, 906 So.2d 596 (La.App. Cir.1 2005)
Chapter 3 - Adjudications. This introduces the procedure for adjudications. Slides
Goldberg v. Kelly (slides) and Chapter 4 to the section: b. Liberty and Correctional Facilities (slides)
Finish Chapter 4 (slides), and read read Mathews v. Eldridge (slides).
Finish Chapter 4 (slides start at slide 14), Altman v. City of High Point, N.C., 330 F.3d 194 (4th Cir.(N.C.) 2003), which deals with doggie due process (slides).
Chapter 5, through page 147. Slides
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.
Chapter 5 through page 182. Slides
Finish Chapter 5 - slides
Finish discussion of Chapter 5
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)
Cost Benefit Analysis and Regulatory Policy
Tidbit on local government adlaw
I apologize about the late assignment posting. My office computer crashed last week and I did not realize that it crashed before the WWW site postings were updated.
Saving Lives: A Review of the Record - review the tables at the end of the article.
Slides on Regulatory Policy - think about these questions before we discuss them.
Since the cases were not posted with sufficient time to review them, they will not be part of this discussion.
Chapter 6, through 228 (to II. Exceptions to Judicial Review under the APA) - slides (review these carefully, there is a lot of law in this chapter)
Finish slides from last Thursday. E&E through page 234.
Massachusetts v. E.P.A., 127 S.Ct. 1438 (2007) - study questions
Finish Chapter 6 - we may not get to all of this, but finish the reading. This deals with when you can go to court, i.e., ripeness and exhaustion of remedies. - slides
Finish Mass. v EPA. (Dissent)
Chapter 7, through p. 287 - Slides
Movie Day - Well Founded Fear - This is a documentary on the INS process for adjudicating whether a person who has applied for asylum has a well founded fear of persecution in his/her homeland.
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.
Finish Chapter 7 - slides
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 Administrative Searches. Slides on Chapter 8. We will probably not finish this in one class. The chapter is short, but I have a lot of material in the slides on administrative searches.
Finish Chapter 8
Chapter 9 - 337-362
Review of the DOJ opinion opposing Congressional revision of the state secrets act - April, 2008.
Slides - Basics of FOIA Slides - Exemptions 1-4
Finish discussing Chapter 9 Slides
Return to Altman v. City of High Point, N.C., 330 F.3d 194 (4th Cir.(N.C.) 2003) - this time, look at the qualified immunity defense and the tension between the majority opinion and the dissent.
Berkovitz by Berkovitz v. U.S., 486 U.S. 531 (1988) (study guide);
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 - Comparing 42 USC 1983 and the FTCA
Court dismisses most Katrina levee breach claims against the Army Corps of Engineers - 30 Jan 2008
Slides (temporary link)
Corps of Engineer's history of NO flood control.
The Climate Change and Public Health Law Site
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