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Examples & Explanations: Administrative Law, by Funk, Seamon, 3rd ed., 2009, ISBN: 0735578273 - available online at Amazon and BN.COM.
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 Glossary (map view) (Word)- These are definitions prepared by Professor Donald Brodie, Emeritus, University of Oregon. They may help you understand basic terms.
Chapter 1 in text
We will discuss adlaw issues in practice and the news, and I will present an overview of the adlaw system.
pp 141-152 in text, as preparation for watching The Regulators movie on rulemaking.
INS v. Chadha, 462 U.S. 919 (1983) Study guide Slides
Note on slides - I reserve the right to revise slides as I prepare for class, so early version might not be exactly the same. But they are really to drive discussion, so that does not matter. As you will see, slides are about questions, not answers. They are to help you think about the material you read so that you can be better prepared when I ask you questions.
Finish Chapter 2. Slides
Finish Chapter 2
Read Chapter 3 - Slides
We will see if we can finish Chapter 3, but I doubt we will make it.
Separation of Powers in Louisiana - Wooley v. State Farm Fire and Cas. Ins. Co., 893 So.2d 746 (La. 2005) (start reading at [48]) - 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
Finish assignment from last class.
Chapter 4 to 2. Modern Concept of “Liberty” and read Goldberg v. Kelly - slides
Wooley slides are fixed. Pick up with Goldberg procedure. Chapter 4 to Limitations on Hearing (through the prison cases) - slides
Finished materials from last class
Read Mathews v. Eldridge. Finish Chapter 4. Slides
Read Chapter 5 to: c. Rules of Agency Organization, Procedure, or Practice. Slides (Remember that we coved the intro to rulemaking in class II.)
Chapter 5, to 1. Executive Orders Slides
If you are interested in the filibuster and senate politics, The New York Review of Books has a great short piece on the history of the filibuster - The Specter Haunting the Senate.
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. 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.
Finish Chapter 5 - slides
Saving Lives: A Review of the Record - This is a great article on problems with CBA. We will look at the tables starting on page 23.
Book recommendation - Albert Speer - Inside the Third Reich
Finish CBA. Read Chapter 6 to Mass. v. EPA. Slides
Massachusetts v. E.P.A., 127 S.Ct. 1438 (2007) - the global warming case. Study Questions - slides
Impact of Global Warming on South LA
Finish Mass. v. EPA.
Chapter 6 to III. Problems of Timing - slides
Executive Order–Gulf Coast Ecosystem Restoration Task Force
Vaccine Compensation Litigation Preclusion
Finish Chapter 6 - slides
Chapter 7 through the Gonzales v. Oregon example. Slides
Example of a real enforcement action, including a court explaining deference to the agency: City of New York v New St. Mark's Baths, 130 Misc. 2d 911, 497 N.Y.S.2d 979 (1986) - 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
The 1964 Surgeon General's Report on Smoking and Health
When we discussed welfare reform and unintended consequences of the welfare system, I mentioned a pivotal report by Daniel Patrick Moynihan, published in 1965. It is posted on the Department of Labor history section: The Negro Family: The Case For National Action.
Finish Chapter 7 - slides
No additional reading. Movie - Well Founded Fear - in class to review immigation adjudications.
Understanding Administrative Searches: Camara v. Municipal Court City and County, 387 U.S. 523 (1967); New York v. Burger, 482 U.S. 691 (1987)
Slides on Administrative Searches. This will be a fast paced lecture.
Chapter 8 - Slides
Chapter 9 to 383 - Slides
Finish Chapter 9 - Slides
We will just hit the high points.
MMWR - an example of federal data and analysis role. MMWR is one of my favorite reads each week. It helps shape my cheerful outlook on the world.:-)
Made Up News - why people should be skeptical about the news.
Introduction to 42 USC 1983: 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 - you saw a lot of those in constitutional law. so this should not be new. Slides
Allen v. U.S., 816 F.2d 1417 (10th Cir. 1987), Certiorari Denied by Allen v. U.S., 484 U.S. 1004 (1988) - Skim this to get a feel for the core issue, that the government is being sued for intentionally exposing a community to radioactive fallout.
Berkovitz by Berkovitz v. U.S., 486 U.S. 531 (1988)
Finish materials from last class. Animal shelters in the news in Baton Rouge!
Bad Oysters - Gregor v. Argenot Great Central Insurance Co., 851 So.2d 959 (La. 2003) - Slides
US Hurricanes - (Betsy does not even count) - http://www.nhc.noaa.gov/HAW2/english/history.shtml
Understanding Surge - http://www.wunderground.com/hurricane/surge_images.asp
Betsy's Track - http://www.hpc.ncep.noaa.gov/tropical/rain/betsy1965.html
Chalmette Video - http://www.youtube.com/watch?v=TaA1k5VA-lI
LBJ's Response- http://whitehousetapes.net/exhibit/lbj-and-response-hurricane-betsy
History of MRGO - http://www.mrgo.gov/MRGO_History.aspx
Limits on flood control immunity - Central Green Co. v. United States, 531 U.S. 425 (2001) - be the first lawyer on your block to actually understand flood control law! Slides
The Katrina litigation trilogy against the Corps. You should read all three if you are interested in this litigation, but the final opinion is what we will discuss in class. There will be a study guide - it is a long opinion. Understanding why this litigation must fail is key to understanding why the feds really do not own New Orleans anything. That New Orleans got bailed out this time does not mean that either it is safe for the future, or that the feds own it anther bailout. Discretionary actions by Congress do not create entitlements.
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. Slides
Is the Navy liable when a recruiter spreads genital herpes? (just for the interested)
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