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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 points may be used, as well as quizzes during the term.
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. What is administrative law? Look for examples of adminstrative law in the news to discuss in class. Slides (The independent agency material from Chapter 1 will be discussed with the appointments material in Chapter 2.)
Adlaw in the news - appointments power from Chapter 2
Chapter 2 to page 41 - read, but you do not need to parse it carefully. We will cover this very quickly. It is of great historical interest, but limited current use. Slides
Chapter 2 41-46 - read more carefully. - Slides
Hold over slides from last class (last 2).
INS v. Chadha, 462 U.S. 919 (1983) (paragraphs 25-157) - Chadha is a chance to review the history of separation of powers and how the Great Compromise still drives the politics of Congress. Use the slides to guide your reading so you will be prepared to discuss the case in class. Chadha Slides.
Chapter 2 to page 64. Slides
Chapter 3 to page 92 - slides
Snow day
Canceled.
NPR story on executive orders / Marketplace - this will be a theme of the state of the Union address.
Finish Chapter 3. - slides
Read Wooley v. State Farm Fire and Cas. Ins. Co., 893 So.2d 746 (La. 2005) (start reading at [48]) 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
Free enviromental communications program Friday - longer
Bonvillian v. Dep't of Insurance, 906 So.2d 596 (La.App. Cir.1 2005) and after remand and appeal - Bonvillian, round II. Slides
Chapter 4 to 2. Modern Concept of “Liberty” (page 114) - slides
Chapter 4 to b. Liberty and Correctional Facilities (118) and read Goldberg v. Kelly.
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 the 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.
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.
Finish Chapter 4. Slides
Consolidated slides for make-up class.
Room Change!! Friday the 14th, we are in RM 106. Class starts at 1:30.
Finish Material from Thursday.
Chapter 5 to page 150, 179-183. Slides
Recording of Saturday's class - listen to it before Tuesday's class for background.
NYTimes: U.S. Issues Marijuana Guidelines for Banks -http://nyti.ms/1f2vs8M
Pages 150-160. Slides
The Regulators Movie.
NYTimes: As Obama Vows to Act on Climate Change, Justices Weigh His Approach -http://nyti.ms/1jRveVZ - The third climate change case is argued before the Supreme Court on Monday. The question is whether the EPA properly interpreted the Clean Air Act provisions on auto emissions as it giving it authority to regulate other sources of greenhouse gases.
Pages 160-179. 183-188. Slides
Pages 188-197 - slides
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?
Nuclear power in a age of cheap natural gas.
Finish chapter 5. Slides CBA - subject to revision
Who is making money on LA prison policies.
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.
Cost benefit of armed guards in schools - example of a proposed high cost response to an emotional risk.
See top of page for student questions.
Chapter 6 to 6.Other Widely Shared Injuries. - Slides
Clapper v. Amnesty International USA, 568 U.S. XXX (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.
Room 216 - 1:30. We will watch a movie on asylum hearings: Well-Founded Fear. This is a powerful examination of administrative hearings in immigration law. It illustrates the problems of fairness in underfunded and poorly structured agencies,. as well as the corruption of the immigration law system. The movie is about 2 hours.
Asylum Fraud in Chinatown: Industry of Lies
Chapter 6 to 3. Prudential Standing - 233. - slides
Massachusetts v. E.P.A., 127 S.Ct. 1438 (2007) - the global warming case. Paragraphs 23-85. We will read more of the case when we are reading Chapter 7. We are going to look carefully at this case and climate change as the critical regulatory dilemma of our time. - slides
Continue our discussion of Mass v. EPA.
Chapter 6 to B. Exhaustion of Administrative Remedies - 254. Slides (subject to revision)
Finish Chapter 6. Slides (subject to revision)
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
Sowing adlaw confusion:
This one lists the CIA and the EPA as independent agencies.
http://legal-dictionary.thefreedictionary.com/Administrative+Agency
The CIA itself claims to be an independent agency:
https://www.cia.gov/about-cia/todays-cia
What do they really mean?
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. This case shows what the court does when it does not like results of Chevron. Slides - Oral Argument before the USSC.
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 293. Slides
Read this before class!! How does this fit with Brown and Williamson?
Social Class and Life Expectancy
Breaking News! NLRB finds college football players are employees, able to unionize. The Opinion Will this be Skidmore or Newboys if it survives review by the NLRB commissioners?
Chapter 7 to 307. Slides
http://www2.epa.gov/uswaters/definition-waters-united-states-under-clean-water-act
http://www2.epa.gov/uswaters
This is a big deal for Louisiana.
Discuss Well Founded Fear - this is on Moodle and was assigned as a makeup class.
Finish Chapter 7. Slides (subject to revision) Seatbelt Saga
The popular perception of search law has been shaped by TV shows and movies, with their endless plots around whether warrants were properly obtained and executed. Law schools still focus the 4th Amendment criminal law search warrant and the exclusionary rule. Yet in the modern world, 4th Amendment probable cause warrants are only small part of the search world. Most searches are done under administrative law power, from home inspections for rat control to national security surveillance. These are done with abbreviated warrants or no warrants at all. This is a critical area of law that does not get much attention even in traditional administrative law courses. We cannot take time to do it justice - that is done in National Security and Counterterrorism Law - but over the next two classes we will do an intensive introduction to administrative search law.
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.
Resource Cases
Frank v. Maryland, 359 U.S. 360 (1959)
See v. Seattle, 387 U.S. 541, 18 L. Ed. 2d 943, 87 S. Ct. 1737 (1967)
New York v. Burger, 482 U.S. 691 (1987)
Finish Chapter 8. Slides (subject to revision)
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.
Reference case - Harlow v. Fitzgerald, 457 U.S. 800 (1982)
Should Pets Have the Same Legal Rights as People?
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.
Suing the military - Classic case baring active duty military personnel from suing for service related torts - Feres v. U.S., 340 U.S. 135, 71 S.Ct. 153, 95 L.Ed. 152 (1950)
Comparison of 42 USC 1983 versus FTCA - This is for your reference, not to memorize for the exam.
Suing the Government - Resources
Qualified immunity? - LA Sodomy law
Berkovitz by Berkovitz v. U.S., 486 U.S. 531 (1988) (use the slides to parse the case)
Louisiana Tort Claims Act: Bad Oysters - Gregor v. Argenot Great Central Insurance Co., 851 So.2d 959 (La. 2003)
Hepatitis A Transmitted by Food
Waters of the United States - example of online commenting.
Pelican Institute on crime and incarceration in LA
NYTimes: Court Deportations Drop 43 Percent in Past Five Years http://nyti.ms/1h4Fh3a
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 - flood law
Slides - Understanding the Mississippi Delta
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. The Mythical Hurricane Response Plan
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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