Climate Change Project

Table of Contents



Administrative Law - Fall 2001

4.4.1 Res Judicata and Collateral Estoppel - 203

What is res judicata - claim preclusion?

Plaintiff wins - ?t

Defendant wins -?

What is collateral estoppel - issue preclusion?

University of Tennessee v. Elliott - 203

What is the key factor about the defendant?

What was the agency decision?

What laws did plaintiff use to get into federal court?

What policy did the court articulate about the use of state administrative law decisions in federal court?

How might this hurt an agency?

What was the weight of the agency's decision in the:

 Title VII claim?

Why were they different?

How might you attack the deference under 1983?

Argue that the university as agency was violating 1983.

Notes and Questions - 205

1 - States

Many states also treat administrative findings as conclusive
What happened in Ryan v. NY Telephone?
Remember those nolo pleas?

2 - How is preclusion against the Feds?

3 - What is non-acquiescence?

4 Criminal Law

How is preclusion different depending on whether the state or the defendant wins?
How did this affect OJ Simpson?
usually preclusive if the state wins
When is the agency decision binding on later criminal trials?

4.4.2 Consistent Decisionmaking: Stare Decisis - 208

United Automobile Workers of America v. NLRB - 208

What did the NLRB do that caused the appeal?

When can the agency change standards and what must it do when it does?

Which standards cannot be changed in an adjudication?

Notes and Questions - 209

Why might an agency not explain?

Why not use rule making to change the policy?

4.4.3  Estoppel - 210

Foote's Dixie Dandy, Inc. v. McHenry - 211

Can an agency be bound by mistakes of its employees?

What are the limitation?

Notes and Questions - 212

1 - Feds

Do the Feds buy this?

What if a federal contractor says something is all right, then you get prosecuted?

What if the contractor says nothing, but pays your bills?

Chapter 5. Rulemaking Procedure - 218

5.1 Introduction: the Importance of Rulemaking - 218

What happened in the 1950s?


What is important about rules?  Address each issue:


Appropriate Procedure



Political input

Agency Agenda Setting

Agency Efficiency

Difficulty of Research


What is the downside?

Notes and Questions - 221

1- What is rulemaking ossification?

2 - Do courts encourage rulemaking?

5.2 Definition of "Rule" - 223

5.2.1 Generality and Particularity - 223

What does Acus say about what a rule is? - 223

Notes and Questions - 224

2 - What definition do the states generally use?

3 - What are other criteria for defining a rule?

5 - What is Interpretive Guidance and how is it different from rulemaking?

5.2.2 Prospectivity and Retroactivity  - 229

What are examples of legislation that is retroactive?

What does it mean when the courts says rules are not supposed to be retroactive?

What is are the ex post facto provisions in the Constitution?

Bowen v. Georgetown University Hospital - 230

What did the agency do to prompt the case?
What was the claim of retroactivity?
What did the court rule?

Notes and Questions - 232

2 - What does Scalia's say?
5 - Has the court had second thoughts?

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