Examples & Explanations: Administrative Law, by Funk, Seamon, 3rd ed., 2009, ISBN: 0735578273 - available online at Amazon and BN.COM. (Check this out for price comparisons)
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
Federal Administrative Procedure Act
Louisiana Administrative Law
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 and pp 141-152 in text. History - Rulemaking Introduction
Chapter 2 to page 60. - Slides
INS v. Chadha, 462 U.S. 919 (1983) (paragraphs 25-157) Study guide - slides (from the study guide)
We might not finish all this material, but better to read it over the weekend.
Finish reading all of Chapter 2 - slides
http://www.whitehouse.gov/blog/2011/01/18/regulatory-strategy - Executive Order and discussion of new regulatory policy. Read this in conjunction with the materials on executive branch review of agency rulemaking.
Finish discussing Chapter 2. Chapter 3 through page 86.
For more information about the appointments mess, you can read these:
A Half-Empty Government Can't Govern: Why Everyone Wants to Fix the Appointments Process, Why It Never Happens, and How We Can Get It Done http://www.brookings.edu/papers/2010/1214_appointments_galston_dionne.aspx
Waiting for Leadership: President Obama's Record in Staffing Key Agency Positions and How to Improve the Appointments Process http://www.americanprogress.org/issues/2010/04/waiting_for_leadership.html
Finish reading Chapter 3 - Slides
OIRA chief on the hot seat.
Finish assignment from last class.
Chapter 4 to 2. Modern Concept of “Liberty” (p 117) and read Goldberg v. Kelly - slides
Careers in Administrative Law
Ivor van Heerden case
Chapter 4 to Section II. What Process Is Due? Slides
Read Mathews v. Eldridge. (just paragraphs 29-64) Finish reading Chapter 4. Slides
Finish Chapter 4. Read Wooley v. State Farm Fire and Cas. Ins. Co., 893 So.2d 746 (La. 2005) (start reading at ) - guide to reading the case - slides for Wooley We will discuss Wooley closely because it is a key to understanding Louisiana separation of powers, as well as why state regulation is so ineffective in Louisiana.
Bonvillian v. Dep't of Insurance, 906 So.2d 596 (La.App. Cir.1 2005) and after remand and appeal - Bonvillian, round II - Slides - These cases are the aftermath of Wooley, and Bonvillian II raises questions about the continuing constitutionality of Wooley.
Chapter 5 pages 153-183. Slides (Remember, we read the first part of Chapter 5 for class I.)
Finish Chapter 5 - Slides
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.
Saving Lives: A Review of the Record - This is a great article on problems with CBA. Start reading at page 13 and look hard at the tables. Slides
CBA on oysters?
Finish CBA. Concentrate on the table on page 23 of Saving Lives. The following table - lost opportunity cost - is difficult to sort out. Basically, this takes the costs and benefits on a regulation taken in isolation, and adds a factor based on what else you could do with the money if you did not spend it on the regulation.
Breaking News! Government wastes money.
Movie day - Well Founded Fear - administrative hearings for asylum seekers.
Finish and discuss movie
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
Short version of Vermont Yankee - Optional reading: Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, 98 S. Ct. 1197, 435 U.S. 519 (1978)
Finish Chapter 6 - slides
Finish Chapter 6
Chapter 7 through p 289. 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 - this was the first federal recognition that smoking is bad for your health.
Chapter 7 to page 302. Slides
Bath salts - as I expected these are a varient of the basic amphetamine structure. d9 THC is more complex and thus harder to make.
While working on the study questions for Chapter 6, I realized that we have not covered some material after Mass v. EPA. These slides cover the remaining material in Chapter 6. We will discuss them before we finish Chapter 7.
Chapter 7 to page 302. Slides
Finish Chapter 7 - consolidated slides
Last couple of slides from Chapter 7.
I will start with a review of the history of administrative searches. The key cases are: Camara v. Municipal Court City and County, 387 U.S. 523 (1967); New York v. Burger, 482 U.S. 691 (1987). Read these for your own better understanding of the subject, but I will not assume you have read them for the lecture. Slides
Read Chapter 8. Slides
Chapter 9 to p. 404 (FOIA) Slides (this will be a lecture)
Finish reading Chapter 9. We will quickly finish these materials. Slides (revised)
We will then begin our study of the Federal and State Tort Claims Acts. These are the laws that allow suing an agency for negligent actions, such as the levee breach litigation. We will then study the Flood Control Act of 1928 which provides immunity for levee construction, and close the class with a look at the levee breach litigation and the future of New Orleans. The first two cases we read set out the policy for the Federal Tort Claims Act. Allen is very timely - it is a case involving claims of cancers caused by radioactive fallout from above ground nuclear testing in the American Southwest. Read the case carefully, especially the concurrence which lays out the facts. Along with Berkowitz, these cases present the core tension between effective government functioning and holding the government accountable in court for its mistakes. We will discuss these cases, meaning I will expect you to have read them and contribute to the discussion.:-)
Background information on the FTCA - review before you read the cases.
Allen v. U.S., 816 F.2d 1417 (10th Cir. 1987), Certiorari Denied by Allen v. U.S., 484 U.S. 1004 (1988)
Berkovitz by Berkovitz v. U.S., 486 U.S. 531 (1988) - pay attention to the distinction the court draws between Varig Airlines (discussed in the case) and the Berkowitz facts.
Bad Oysters - Gregor v. Argenot Great Central Insurance Co., 851 So.2d 959 (La. 2003) - Tort Claims in Louisiana
Graci I & Graci II - Graci I is a key Flood Control Act of 1928 case, which happens to about the MRGO flooding during Hurricane Betsy. Graci II is the decision on remand. These cases are both an introduction to the levee law and invaluable Louisiana legal history. Read them carefully, especially Graci I - Flood Control Act immunity is pretty much unique in congressional sheltering of agency action.
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
I have now posted all of the review questions.. In recognition of the limited time between the end of the class and the exam, none of the material that we discuss the last two days of class will be on the exam. We will explore the application of the FTCA and FCA in the Katrina cases against the Corps, and then the administrative law and hydrologic issues facing New Orleans and southern Louisiana.
Central Green Co. v. United States, 531 U.S. 425 (2001) - the key Supreme Court case on Flood Control Act immunity for dual use projects. The heart of the case is paragraphs 41-45.
In re Katrina Canal Breaches Consolidated Litigation, 647 F.Supp.2d 644 (E.D.La. Nov 18, 2009) Final opinion and appendix. Slides
Chapters 1 & 2 & Wooley.
Suing the Government
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