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.
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.
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.
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
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.
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.
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!!
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
Goldberg v. Kelly (slides) and Chapter 4 to the section: b. Liberty and Correctional Facilities (slides)
Finish Chapter 4. Slides - Read Mathews v. Eldridge. - slides are part of Chapter 4 slides
Finish discussing Chapter 4. Start movie, Well Founded Fear.
Finish movie and discuss due process in immigration.
Stimulate the economy by even less regulation?
Growth of LA budget
Discuss the movie. Discuss funding agencies and the politics of government services. Chapter 5 through p. 147. Slides
Chapter 5 to this section: b. Whether the rule interprets a legal standard or whether it makes policy. Revised slides
Chapter 5, to 1. Executive Orders - Slides - review the slides carefully, they contain material that is not in the book.
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
Finish CBA (slides will be revised and reposted for the second part)
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)
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?
Continue reading Chapter 6, through C. Ripeness. Slides
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
Chapter 7 to: III. Arbitrary and Capricious Review. - Slides
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
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
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.
Chapter 9 through 4. Exemption 4. - Slides
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
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
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
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?
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