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Exam Blog - email me questions and I will post the answers here so everyone benefits.
Chapter 5, Chapters 1&2, Chapter 3, Chapter 4, Chapter 6, Chapter 7, Chapter 8, Chapter 9, Suing the government.
Old exams - The course content varies by year, as does the format. The more recent exams are the best guide.
APA - this is an APA handout you can use for exam preparation. You cannot carry your copy into the exam, but I will include a copy with the exam so that you do not need to memorize APA sections. This will be the only material allowed in the exam.
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 points may be used.
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, 179-183. Slides
Federal Register - https://www.federalregister.gov/
Electronic Code of Federal Regulations - http://ecfr.gpoaccess.gov/
Finish materials from last class.
Regulators movie.
Pages 150-170. Slides
170-179, 183-195. Slides
Also read this one page GAO report on agencies claiming exceptions to notice and comment. (full report)
What do guidance documents look like?
Finish Chapter 5 - Slides
Example of an Executive Order: Executive Order Establishing the Office of Homeland Security and the Homeland Security Council
Executive Orders on National Security
2012 OMB Report on Costs and Benefits of Federal Regulations - Chapter 1, pp 9-49. Read for content but not detail.
Breaking news! An important appointments clause case that undermines my position that there is nothing new in appointments jurisprudence. We will look at this case later in the course. HuffPost on the case.
Cost benefit of armed guards in schools
State funding by the federal government
Time to read a real case: Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, 98 S. Ct. 1197, 435 U.S. 519 (1978) The nuclear power industry was killed through a combination of administrative law process by anti-nuclear power forces and two accidents. It is now reviving, but with an open question of how the public will react to the Japanese reactor meltdowns.
NRC fast track program for new reactors - the operating and construction permit process has now been consolidated, to reduce the opportunities for administrative delay.
Study Guide for Vermont Yankee (issues we will talk about in class) Slides (will be revised for next class)
Can nuclear power compete in the open market?
Administrative killing - the drone memo
Senate thinks about nuclear waste disposal
Finish Vermont Yankee. Slides (revised)
Scary developments in reactor design
Chapter 2 to p. 46 Slides
We are discussing Chadha in detail as a review of the legislative process and because it is a good introduction to the constitutional framework for immigration. Congress should be starting its hearing on the latest version of immigration reform on Thursday.
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. Chadha Slides
Finish Chapter 2. (We have covered some of the material on executive orders and executive office review already.) Slides Material that we do not get to will carry over to next class.
Finish material from Chapter 2. Chapter 3 through page 84. Slides
Finish Chapter 3 - Slides
Finish material from last class. Given how much we have left, I am moving the Bonvillian cases to next week.
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.
Slides for Wooley.
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 Slides
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?
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. Round Two - the stigma+ claims.
Chapter 4 to Section II. What Process Is Due? Slides (subject to revision)
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 (slightly revised)
Finish Chapter 4
Watch "Well Founded Fear"
Finish movie. New York City Soda Case
Chapter 6 to 6.Other Widely Shared Injuries. - slides (minor revisions)
Clapper v. Amnesty International USA, 568 U.S. XXX (2013) - 26 Feb 2013. Edited, reformatted, and rearranged version for class discussion. We are going to read this case closely to decide how much the Supreme Court has limited standing, or whether this is a sui generis national security law case. It reviews all the key administrative law standing cases in a challange to the FISA law.
Study questions based on the edited version of the case. We will go through these as a review of standing and how the court plays games with it. We will discuss this from the study questions and the opinion.
Finish the materials from last class. Slides from last class, slightly revised.
Finish material from last class Slides
Chapter 6 to A. Final Agency Action
Finish Chapter 6. What we do not get to in this class we will finish on Thursday. Slides
Finish material from last class.
Chapter 7 to page 281. Slides
Massachusetts v. E.P.A., 127 S.Ct. 1438 (2007) - edited for our discussion of deference. Slides - subject to revision
Finish material from last class.
The regs that resulted from Mass. v. EPA
Coalition for Responsible Regulation v. E.P.A., which upholds the regs.
Chapter 7 to 293. Slides (subject to revision)
Finish material from last class (2 slides), finish Chapter 7. Slides (subject to revision)
What drives lawmaking - the Seatbelt Saga. (No assigned reading with this, we have already seen the State Farm case.).
Camara v. Municipal Court City and County, 387 U.S. 523 (1967) par. 23-56.
Chapter 8 to IV. OBTAINING DOCUMENTS AND TESTIMONY.
Slides - these draw on the Camara, the reading in the book, and some cases from your criminal law and procedure courses.
Finish materials from last class, finish chapter 8. Slides
Chapter 9. Slides
Petition in the LA public records act case against LSU on the appointment of the new president.
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.
FYI - this is the FBI explanation of the public safety exception to Miranda.
Berkovitz by Berkovitz v. U.S., 486 U.S. 531 (1988) (use the slides to parse the case)
A brief based on Berkovitz before the USSC this term, and cert was just denied.
Louisiana Tort Claims Act: Bad Oysters - Gregor v. Argenot Great Central Insurance Co., 851 So.2d 959 (La. 2003)
Introduction to flood control law
Graci v. United States, 456 F.2d 20 (5th Cir. 1971)
Graci v. U.S., 435 F.Supp. 189 (E.D.La. 1977) (short case, just finds that the Corps wins because it exercised discretionary authority)
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.
Slides (what we do not finish will carry over to the next class)
http://sites.law.lsu.edu/coast/
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. Available at SSRN: http://ssrn.com/abstract=2004679
Should Katrina have been a surprise? Scroll down to the collection of stories, Washing Away
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, you do not have to read this: 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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