Climate Change Project

Table of Contents



Administrative Law (5402)
Spring 2012

Exam Blog

Required Text: (You can buy these online if they are not available. )

Examples & Explanations: Administrative Law, by Funk, Seamon, 3rd ed., 2009, ISBN: 0735578273 - There is also a 4th Edition, if it is in stock:

Examples & Explanations: Administrative Law, Fourth Edition  (Dec 9, 2011)

Both should be available online at Amazon and BN.COM. The 4th edition is close enough to the 3rd that if you cannot find it, the 3rd should work.

Additional materials such as cases will be posted on this WWW site.

Class Rules

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

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.


Jan 10

Chapter 1 Slides

Jan 12

Chapter 2, to page 54. We will touch very briefly on the delegation doctrine, pages 30-42. Read them, but you do not need to be prepared to discuss them. (These are 3rd edition pages, I will double check the pages in the 4th later today.)

INS v. Chadha, 462 U.S. 919 (1983) (paragraphs 25-157) Study guide - Chadha is a chance to review the history of separation of powers and how the Great Compromise still drives the politics of Congress.


Jan 17

Finish chapter 2 - slides


Jan 19

Finish Chapter 2. Study questions for Chapters 1 & 2.

Chapter 3 to IV. Procedures for Informal Adjudication - Slides

This continues our structural introduction to administrative law systems.

News - Controversy over the Volker Rule - the actual rule - you can see why regulatory lawyers get the big bucks.:-)

More news - NYTimes: Rejecting Pipeline Proposal, Obama Blames Congress: http://nyti.ms/yl8PcO

24 Jan

Finish Chapter 3 - Slides

Chapter 4 to 2.  Modern Concept of “Liberty” and read Goldberg v. Kelly. Read the case carefully and be sure to read Justice Black's dissent as well. Slides

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. This will set us up for Matthews.


26 Jan

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

31 Jan (sorry, I added this last week but did not put the date separator.)

Read Mathews v. Eldridge. (just paragraphs 29-64) Read this case closely, in retrospect, it has turned out to be one of the most important adlaw decisions.

Finish reading Chapter 4.

News (welfare) News (prisons) Prison Population Active Duty Military


2 Feb

Finish materials from last class.

Review Questions - Chapter 3

Watch lists

7 Feb

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 II

This 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?


9 Feb

Chapter 5 to A. Rules Exempt from Section 533. Slides Regulators movie.

14 Feb

Chapter 5 to G. Constitutional and other judicially created procedural requirements. Slides

16 Fed

Finish material from last class.

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)

The key issue in this case is whether the court had the power to require more procedure for rulemaking than provided by the agency and the APA. The subtext is about the public and judicial hostility to nuclear power plants in the 1970s, and how permit hearings were used to slow down construction to the point where it was no longer cost effective to build the plants. This, combined with Chernobyl and Three Mile Island, killed the industry for 30 years. There was bipartisan support for reviving it as a source of cheap, American, carbon-free energy, until the Fukushima nuclear disaster. Despite this, permits were just issued for the construction of the first new plants in 30 years - http://www.nrc.gov/reading-rm/doc-collections/news/2012/12-013.pdf.


23 Feb

Finish Chapter 5. Read 10-50 in 2011 REPORT TO CONGRESS ON THE BENEFITS AND COSTS OF FEDERAL REGULATIONS AND UNFUNDED MANDATES. (Concentrate on 33-50, but look at the tables in the first part.)

Chapter 4 study questions

Slides - Chapter 5 III

Slides - CBA

Oil consumption - Oil Production

28 Feb

DEA order revoking a physician's license to prescribe controlled substances.

Chapter 6 to 6.Other Widely Shared Injuries.

Greenhouse Gas Regs Under Attack


1 March

Finish materials from last class

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

The LA Coast

Chapter 5 study questions. (revised 29 Feb 12, 8:00PM)

6 March

Finish Mass v. EPA Slides

American Electric Power Co., Inc. v. Connecticut (just as an example of the consequences of the regs)

Chapter 6 to II. Exceptions to Judicial Review under the APA.

8 March

Finish Chapter 6


Careers in adlaw

Louisiana Government Team Building

Creating and monetizing fear

13 March

Finish material from Chapter 6.

Chapter 7 to 281 or to where the book discusses FDA v. Brown & Williamson. 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.

Review Questions - Chapter 5

Review Questions - Chapter 6

15 March



20 March

Read Chapter 7 through the discussion of the seat belt case, (page 309 in edition 4) Slides

Read Motor Vehicle Mfrs. Ass'n of U.S., Inc. v. State Farm Mut. Auto. Ins. Co., 463 U.S. 29 (1983).

This case gives us a clear look at the court taking a hard look at the record supporting a regulation, in the context of the withdrawl of a regulation. The seatbelt regulations are a good example of evolving regulatory policy through different political administrations, which is then overtaken by market forces as safety becomes a selling point. Slides

22 March

News (contrast - CERCLA s107(h), 42 USC s9613(h), provides that "[n]o Federal court shall have jurisdiction under Federal law ... to review any order issued under section 9606(a) of this title [except in certain circumstances])

Finish Chapter 7 slides

Smallpox - Red Book

Chapter 8 to II Administrative Inspections (only a few pages)

Camara v. Municipal Court City and County, 387 U.S. 523 (1967) Slides for Chapter 8 intro and Camara

27 March

FTC Digital Privacy Report

We will not get to Burger until next class. We will spend a little time on what is before the Supreme Court this week in the ACA.

New York v. Burger, 482 U.S. 691 (1987) - you should have seen Burger in one of your crim law courses, but we look at it from the admnistrative law POV. Slides

Study questions for Chapter 7

29 March

Finish reading Chapter 8. Slides (only a few, we will finish this next class)

3 April

Finish Chapter 8. Slides

We Are Tracking You

Drone World

First person child sexual abuse reporting in LA

Introduction to FOIA - Lecture - Slides

5 April

Chapter 9.

Study Questions - Chapter 8

Slides (complete) Chapter 9

Study Questions - Chapter 9

10 April

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.


Introduction to the Federal Tort Claims Act:

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.


Comparison of 42 USC 1983 versus FTCA - This is for your reference, not to memorize for the exam.

12 April

Berkovitz by Berkovitz v. U.S., 486 U.S. 531 (1988) (study guide) - application to a negligence action.

Vibrio Vulnificus

Oyster Politics

Louisiana Tort Claims Act:

Bad Oysters - Gregor v. Argenot Great Central Insurance Co., 851 So.2d 959 (La. 2003)


Study questions - Suing the Government.

This completes the material that will be covered on the exam.

17 April


Understanding Surge

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.


19 April

MRGO Bottleneck

Should Katrina have been a surprise?

The Hurricane Pam Exercise, in which Louisiana promised FEMA that it was ready for a major hurricane.

Flood Chronology

In re Katrina Canal Breaches Consolidated Litigation, 647 F.Supp.2d 644 (E.D.La. Nov 18, 2009) Final opinion and appendix. Slides

Katrina Levee Breeches Litigation before the 5th Cir. Brief for the USBrief for PlaintittsReply Brief for the USRecording of oral arguements before the 5th Circuit.

 5th Circuit upholds district court ruling against the Corps in the Katrina Levee Breaches Litigation.

Richards, Edward P., The Hurricane Katrina Levee Breach Litigation: Getting the First Geoengineering Liability Case Right (February 13, 2012). University of Pennsylvania Law Review PENNumbra, Vol. 160, p. 267, 2012.


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