Administrative Law (5402)
Spring 2009

Exam Blog - all exam related questions I answer will go here.

Study Questions - Part I Part II (of 2)

Course Information

Required Texts: (You can buy these online if they are not available. Be sure to get them by the end of the week - we will have reading assignments next week.)

Examples & Explanations: Administrative Law, by Funk, Seamon, 2nd ed., 2006, ISBN: 0735558914

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.

Assignments

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.

13 Jan 2009

No reading assignment. Brief introductory lecture on administrative law, followed by the movie, The Regulators.

15 Jan 2009

Chapter 1. (All reading assignments, unless otherwise noted, are in the E&E book.) Slides - you will be disappointed to learn that I will mostly lecture this class, giving you an overview of the administrative law system.

20 Jan 2009

Finish Introduction to Administrative Law, starting with slide 27. Talk about administrative law issues involved with the inauguration and the transition. Start readiug Chapter 2.

22 January 2009

Text through page 50. Read INS v. Chadha, 462 U.S. 919 (1983), using the slides to direct your reading and prepare you for the class discussion. Breaking News - Memo from Chief of Staff to Agencies

27 January 2009

Executive Orders since last class

Review of Detention Policy Options, January 22, 2009.

Ensuring Lawful Interrogations, January 22, 2009. Replacing: Interpretation of the Geneva Conventions Common Article 3 as Applied to a Program of Detention and Interrogation Operated by the Central Intelligence Agency, Executive Order 13440, July 20, 2007

Review and Disposition of Individuals Detained at the Guantanamo Bay Naval Base and Closure of Detention Facilities, January 22, 2009.

Finish reading Chapter 2. Slides - these stop at subsection 3 Supervision. We will finish the discussion of Chapter 2 next class.

29 January 2009

Center for American Progress, “After Midnight: The Bush Legacy of Deregulation and What Obama Can Do,” January 2009.

Finish discussion of Chapter 2. - Slides for the rest of Chapter 2.

Read Chapter 3 - Slides for Chapter 3. Given the hold over of material from chapter 2, we will only discuss Chapter 3 to D. The Role of the ALJ.

3 Feb 2009

Finish Chapter 3. Slides

Breaking news! OIRA update

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 - Slides have been updated!!

5 Feb 2009

Finish 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, 2008 CA 0591 (sorry about the format, but this is hot off the presses and is not a final opinion yet.) Slides

10 Feb 2009

Goldberg v. Kelly (slides) and Chapter 4 to the section: b. Liberty and Correctional Facilities (slides)

12 Feb 2009

Finish Chapter 4. Slides - Read Mathews v. Eldridge. - slides are part of Chapter 4 slides

17 Feb 2009

Finish discussing Chapter 4. Start movie, Well Founded Fear.

19 Feb

Finish movie and discuss due process in immigration.

26 Feb 2009

Stimulate the economy by even less regulation?

Growth of LA budget

Obama's Budget

Discuss the movie. Discuss funding agencies and the politics of government services. Chapter 5 through p. 147. Slides

3 March 2009

Chapter 5 to this section: b. Whether the rule interprets a legal standard or whether it makes policy. Revised slides

5 March 2009

Chapter 5, to 1. Executive Orders - Slides - review the slides carefully, they contain material that is not in the book.

10 March 2009

Finish Chapter 5 - slides

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. What we do not finish, we will hold over until Thursday.

Technology in the classroom

The Apple Scare

12 March 2009

Finish CBA (slides will be revised and reposted for the second part)

17 March 2009

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)

Slides

Chapter 6, though p. 214 (to b. Causation for standing) - Slides

Jindal's version of the size of state government - notice any implicit misrepresentations in this, based on what you now know about the structure of LA state and local government?

19 March 2009

Continue reading Chapter 6, through C. Ripeness. Slides

24 March 2009

Finish Chapter 6. Slides

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

New executive memo on FOIA

26 March 2009

Chapter 7 to: III. Arbitrary and Capricious Review. - Slides

31 March 2009

Finish chapter 7 - 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

2 April 2009

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, 317-335. Slides

7 April 2009

Chapter 8 to 317

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.

Students in National Security Law may sign the role and leave, if they do not want to sit through this material a second time.

9 April 2009

Chapter 9 through 4. Exemption 4. - Slides

14 April 2009

Finish Chapter 9. Slides

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. Slides

16 April 2009

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

Protecting your friends

21 April 2009

Finish Vermont Yankee

Katrina Story - Slides

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

23 April 2009

Court dismisses most Katrina levee breach claims against the Army Corps of Engineers - 30 Jan 2008 - it would be nice if you read all of this case, but read enough to understand Flood Control Act of 1928 immunity.

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 - what is the issue before the court that gets plaintiffs' past the Flood Control Act of 1928, and what is the discretionary function question that is going to trial this week?