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Examples & Explanations: Administrative Law, Fourth Edition (Dec 9, 2011)
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 will use either the Moodle discussion forum or a blog, and we may use CALI exercises and other electronic aids.
Law in a Nutshell: Administrative Law & Process, by Gellhorn, Levin, 5th ed., 2006, ISBN: 0314144366
Federal Administrative Procedure Act
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.(General introduction) Slides
Chapter 5 to page 150. Slides
Federal Register - https://www.federalregister.gov/
Electronic Code of Federal Regulations - http://ecfr.gpoaccess.gov/
pp 179-183. Slides (slides from last class with updates at the end)
Regulators movie.
Pages 150-170. Slides
Texas SIP case - DC Cross border case (I confused some of the facts this that also came down recently case with the Texas case. This is just FYI, for the exam.)
Pages 170-179, 183-188. Slides
What do guidence documents look like?
Finish material from last class.
Discuss emergency powers to deal with hurricanes
Hurricane Isaac - 2012
Florida Governor's Executive Order triggering emergency powers.
Florida DOH implementation of the order
Florida Emergency Powers Laws doc
South East Louisiana Evacuation Guide
Governor takes control of motels and hotels
Governor declares public health emergency to allow entry on private land
Time to read a real case in detail: Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, 98 S. Ct. 1197, 435 U.S. 519 (1978)
NRC fast track program for new reactors
Review Questions for Vermont Yankee (issues we will talk about in class)
A little history: Executive Order Establishing the Office of Homeland Security and the Homeland Security Council
Finish Chapter 5 - slides
2012 OMB Report on Costs and Benefits of Federal Regulations - p. 3-7 and charges on pages 12-14.
Chapter 2 through page 52. Section II. Delegation Doctrine is mostly of historic and academic interest. I will lecture on the core points that you should know. You should read the material, but you do not need to be prepared to discuss it in class.
Slides - Warning - we are going to review some basic conlaw/civics information. You should review the slides ahead of time.
Finish material from last class.
Finish Chapter 2. We saw much of the executive order material already in Chapter 5, so we will skip to line item veto on page 69. Slides
Sorry about the delay in posting. We are going to read the book all the way through, plus supplementary materials, so you can just read ahead.
Chapter 3 to page 94. Slides
Finish Chapter 3. Slides
Chapter 4 to 2. Modern Concept of “Liberty” and read Goldberg v. Kelly. Slides
Read the case carefully and be sure to read Justice Black's dissent as well. Given the current political debates about entitlements and welfare, this is a timely case.
You probably read Goldberg in Constitutional Law, but we want to look more closely at the process and its critique, and the particular issue of the timing of the hearing - what is the impact of a post version pre-termination hearing?Ivor van Heerden case - is this recent case where an employee of LSU sued over an expectation of continued employment. We will look at this case after Roth and Sinderman.
Chapter 4 to Section II. What Process Is Due? Slides
Finish prison cases from last class.
Read Mathews v. Eldridge (edited version). Read this case closely, in retrospect, it has turned out to be one of the most important adlaw decisions. The slides will be posted later and will provide specific questions you should be prepared to answer.
Finish Chapter 4 Slides
We are going to take a day and look at the central adlaw jurisprudential conflict in Louisiana. We will move fast, read the materials and look at the slides so that you can follow along and participate. - Slides
Read Wooley v. State Farm Fire and Cas. Ins. Co., 893 So.2d 746 (La. 2005) (start reading at [48]) - guide to reading the case. 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.
LA Adlaw day. Bonvillian v. Dep't of Insurance, 906 So.2d 596 (La.App. Cir.1 2005) and after remand and appeal - Bonvillian, round IIThis is real adlaw practice in LA. How do you get an order from an ALJ enforced when the agency refuses to follow it? Is Bonvillian II in conflict with Wooley?
Kennedy rebuffs Jindal - http://bit.ly/VUNKid - the multiple executive problem.
Chapter 6 to 6.Other Widely Shared Injuries. - slides
Massachusetts v. E.P.A., 127 S.Ct. 1438 (2007) - the global warming case. - Slides
Ocean rise since the last ice age
Ocean rise - the long story. (Source)
Chapter 6 to A. Final Agency Action - slides
Finish Chapter 6. Slides
Chapter 7 to page 281. Slides
Finish discussion of Massachusetts v. E.P.A., 127 S.Ct. 1438 (2007) - slides
Chapter 7 to 293. Slides
FDA v. Brown & Williamson Tobacco Corp., 529 U.S. 120 (U.S. 2000) - read paragraphs 66-96, the history of tobacco regulation and the special policy issues raised by tobacco regulation. Is the special policy question different from the one presented in Mass. v. EPA? Slides
Note that additional sets of review questions have been posted.
Scientists weigh in on the CA GMO food labeling initiative.
Finish Chapter 7. Slides (subject to revision) Seatbelt Saga
Camara v. Municipal Court City and County, 387 U.S. 523 (1967) par. 23-56. Slides
Chapter 8 to IV. OBTAINING DOCUMENTS AND TESTIMONY.
Finish Chapter 8 - slides
News - President of Penn State was indicted for failing to comply with a third party reporting law - child abuse reporting.
Ignore the post about the Doe cases, it is interesting, but not for this class.
Chapter 9 - slides
Time is short so I am not assigning any reading on 42 USC 1983. I will give a brief overview lecture on it to distinguish it from federal and state tort claims law.
Comparison of 42 USC 1983 versus FTCA - This is for your reference, not to memorize for the exam.
Introduction to the Federal Tort Claims Act. This is a lot of reading and I am not sure we will get through it before next class.
Dalehite v. U.S., 346 U.S. 15, 73 S.Ct. 956, 97 L.Ed. 1427 (1953) - history of the FTCA. Read paragraphs 28-34.
Allen v. U.S., 816 F.2d 1417 (10th Cir. 1987), Certiorari Denied by Allen v. U.S., 484 U.S. 1004 (1988) read paragraphs 12-41.
Berkovitz by Berkovitz v. U.S., 486 U.S. 531 (1988) (study guide)
Louisiana Tort Claims Act:
Bad Oysters - Gregor v. Argenot Great Central Insurance Co., 851 So.2d 959 (La. 2003)
Rivers
Hurricanes
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
Graci v. United States, 456 F.2d 20 (5th Cir. 1971)
Graci v. U.S., 435 F.Supp. 189 (E.D.La. 1977)
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.
Should Katrina have been a surprise?
The Hurricane Pam Exercise, in which Louisiana promised FEMA that it was ready for a major hurricane.
In re Katrina Levee Breaches, 5th Cir, Round II (The very rare situation where the 3 judge panel overrules itself, rather than the case going on to en banc review.) (District court opinion for reference: In re Katrina Canal Breaches Consolidated Litigation, 647 F.Supp.2d 644 (E.D.La. Nov 18, 2009) Final opinion and appendix. )
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