Review Questions - Part 1
Review Questions - Part 2
Review Questions - Part 3
Parts 1 and 2 cover the text and the cases up to goverment liablity, which we started Tuesday. I will post questions on the goverment liablity section as soon as we are finished with it. Most of these questions are the same as in previous years. There are some additions and deletions based on changes in the material we have covered, and to make some of the questions clearer. A curious student could sort out the differences with document compare.
Exam Blog - As questions come up about the exam, please email them to me - firstname.lastname@example.org - so that when I answer them, I can post the answer to the blog so that all the class can benefit. I am not here to answer the study questions for you, but if you get really stuck, send me an email. Be sure to check the blog a few times leading up to the exam, and the evening of the exam. I will cut off questions at 9PM the night before the exam.
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.
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.
Chapter 1 in E&E. Lecture and discussion of administrative law in the news - think health care reform. Slides
No reading assignment. Adlaw movie, The Regulators, followed by class discussion.
Chapter 2 to page 54. Slides
INS v. Chadha, 462 U.S. 919 (1983) Study guide
Finish Chapter 2 and any left over materials from last class.
Read paragraphs 178 - 260 in Buckley v. Valeo, 424 U.S. 1 (1976). - Study guide to Buckely. I decided we have enough to cover without more discussion of Buckley.
Executive Orders - Obama on Supervision of Agencies - Memo from Chief of Staff to Agencies
Chapter 3. Slides
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
Goldberg v. Kelly (slides) and Chapter 4 to the section: b. Liberty and Correctional Facilities (slides) Slides will be revised, but this will get you started.
Finish Chapter 4 and read read Mathews v. Eldridge (slides). We will not finish this material, so what we do not get to will go next class.
Carry over materials from Thursday.
Really, really finish due process.(slides)
Movie day! Well Founded Fear - a documentary on administrative hearings for asylum seekers.
New Executive Order: Memorandum from Attorney General Holder, “Policies and Procedures Governing Invocation of the State Secrets Privilege” (Sep. 23, 2009)
EEOC Has Published Its Notice of Proposed Rule to Revise ADA Regulations
Chapter 5 to this section: b. Whether the rule interprets a legal standard or whether it makes policy. Slides (subject to revision)
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.
Finish Chapter 5 - slides
Thinking about regulatory policy and CBA
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.
The Apple Scare
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
Chapter 6, to b. Causation for standing - Slides
Continue reading Chapter 6, through C. Ripeness. Slides
DOJ Guidelines - Prosecution of medical marijuana providers
Finish Chapter 6. Slides
New Orleans in 2100
Intro to global warming and LA - We are not going to have time to finish Mass. v. EPA, so I am putting it over to next class.
Read Massachusetts v. E.P.A., 127 S.Ct. 1438 (2007) - the global warming case. Study Questions - slides
Chapter 7 through p. 296. (Barnhart) - slides
Chapter 7, through 312. Slides
We will cover quite a bit of material over the next two classes. What we do not finish each day will go to the next day. The administrative search materials are unique to this course and you should read the cases carefully as background. Starting in the 1970s and accelerating after 9/11, administrative theory has been used by the courts and the legislature to undermine the constititutional framework for criminal law established by the Warren court.
Finish Chapter 7, Slides (subject to revision)
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
Chapter 8 - 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.
Finish Chapter 8
Chapter 9, through Exemption 3. Slides
Finish Chapter 9. Slides
Breaking News!! Oysters 1, FDA 0
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. SlidesBad vaccine - Berkovitz by Berkovitz v. U.S., 486 U.S. 531 (1988) (study guide);
Bad Oysters - 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
We may not get to the oyster case, but get it read in case we do.
Review Questions - Part 1
This shifts today and Tuesday's discussion
Starting our Katrina law section: Stafford Act immunity for Katrina debris removal decisions by FEMA - St. Tammany Parish v. Federal Emergency Management Agency, 556 F.3d 307 (5th Cir. 2009) - slides
Flood Slides Katrina Slides
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)
Review Questions - Part 2
Court dismisses most Katrina levee breach claims against the Army Corps of Engineers - 30 Jan 2008 -This was the section dealing with the 17th Street Canal, which was clearly only flood control.
Court allows In re Katrina Canal Breaches to go to court on factual question of whether the Corp has descretionary authority to make decisions about the construction of the MRGO canal. Order of 20 March 2009 - This was the order that set up the final case.
Final opinion from Duval, and appendix. You should read all three if you are interested in how this litigation is going, but this is the key one to read for class.
Update!! Pigs fly and ice cream is served in hell - The right wing suddenly realizes that the criminal system is part of big goverment!
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