Administrative law is fundamental to modern law practice. While not on the bar examination as such, administrative law concepts are covered under the constitutional law questions.
Administrative law is critical to health law at both the state and federal level. The objective of this course is to introduce the students to general administrative law theory and practice, taught with a special emphasis on public health and safety. This course will cover the core areas of administrative law under the federal Administrative Procedure Act, the Louisiana state administrative code, and relevant court decisions. Where applicable, legal principles will be illustrated with statutes and cases dealing with health and public health issues.
Text book: State and Federal Administrative Law, 2nd ed. 1998. Additional materials and study guides will be provided on this WWW site.
Previous years materials - while this course builds on materials used in previous years, be sure to get the most current versions as linked from this page. I constantly update and modify my course materials.
Send questions to me at email@example.com (this is a special address that bypasses the University system that is having trouble sending to Cox accounts) Any questions and answers that are signficant will be posted to the blog. Be sure to check the blog before the exam. I will also be here next week for questions, but email me ahead of tiem if you want to make sure I am around.
Updated Greatest Hits List - these are the only case names and content you need to know.
Important!! This has been revised for chapter 11 - Master Outline - I pulled all the material out of the slides and made a master outline. Focus on this and do not worry about the study guides at this point.
Comparing 42 USC 1983 and Tort Claims Acts (just for your reference)
Adlaw study questions
Louisiana Administrative LawOld Exams
Read Chapter One, be prepared to discuss the issues in the study guide for Chapter One. Slides
Jacobson v. Commonwealth of Massachusetts, 197 U.S. 11 (1905) - Study guide - Note that the court's opinion starts in paragraph 62, the earlier paragraphs are the argument of counsel. Read them, but do not get them confused with the court's opinion. This is a classic agency case. For more information on smallpox and current agency action issues, see Smallpox Vaccine Injury and Law Guide. - slides
North American Cold Storage Co. v. City of Chicago, 211 U.S. 306 (1908).
Also read pages 18 - 46 in the text. Study Guide - slides
46 - 64 - study guide - Note: the study guides may also contain supplemental information. - slides
64 - 83 - study guide - slides
83 - 109 - Study guide - slides (Ch2) - (Ch3)
109-117 - Study Guide + material we did not cover from last class (starts with Ashbacker Radio) - slides
Information on the disposal of nuclear waste in France
117-149 - study guide - slides
149-163 - study guide - Also read: Wooley v. State Farm - This is a transcript of the oral ruling by the district court judge. It was appealed directly to the LA SC and arguments were on Sept 7. - slides
16 Sept 2004 - Class cancelled
Supplement the reading with these two cases on administrative warrants:
The Supreme Court Allows Area Warrants - Camara V. Municipal Court City And County, 387 U.S. 523, 87 S. Ct. 1727, 18 L. Ed. 2d 930 (1967)
SC Extends Area Warrant Requirement to Commercial Businesses - See v. Seattle, 387 U.S. 541, 18 L. Ed. 2d 943, 87 S. Ct. 1737 (1967)
Slides on administrative searches
23 Sept 2004
From last time - 163 - 182 + to 196 - Study guide - Sides on the book
196-218 - Study Guide - slides
We will review the sections of the LA APA that set out the basic rights and procedures for administrative hearings in Louisiana. Keep your eye out on differences from the federal APA. We do will finish these next class. We have already discussed the most important points in the second group on the LA ALJ system.
§955. Adjudication; notice; hearing; records
§ 956. Rules of evidence; official notice; oaths and affirmations; subpoenas; depositions and discovery; and confidential privileged information
§ 957. Examination of evidence by agency
§ 958. Decisions and orders
§ 959. Rehearings
§ 960. Ex parte consultations and recusations
§ 961. Licenses
§ 962. Declaratory orders and rulings
§991. Creation of division of administrative law
§992. Applicability; exemptions
§993. Definitions; rules
§994. Administrative law judges
§996. Duties of the director
§997. Program of judicial evaluation
§998. Prehearing conference
§999. Disqualification and withdrawal of administrative law judge
Finish review of LA APA sections and watch the adlaw movie on rule making.
218 - 253 - Study Guide - slides
254 - 304 - Study Guide - this fleshes out the intro from last time. Read the cases and follow the study guide. Look at the LA Emergency Rules WWW page. - slides
304 - 323 - Study Guide - We will discuss the concepts but you do not need to know the details of Executive Order 12866 review. We will review its requirements in class just to analyze how complying with it affects the agency.
323 - 358 - Study Guide
While this looks like a long assignment, the second set of readings just adds to our knowledge of interpretive versus legislative rules and does not many new concepts. Plus, there is no assignment for the 19th.
Stop the presses! Oregon emergency rule limiting access to flu vaccine.
Slides - Chap 6 part I, then Chap 5, Part III
Additional information - if you are starting to do your outlines for review, you might want to look at these study questions from last year. They are a basic review of adlaw. I will try to supplement them before the term is over with additional study materials.
358 - 396 - Study Guide, plus we will review the material that we did not finish on the 14th.Chapter 6, Part II / Chap 5, Part III / CBA Health
397 - 441 - Study Guide, and paragraphs 26 - 102 of Chadha (we will finish Chadha next time) - slides
Chadha through paragraph 157, (Skip 441-464) 464 - 492 - Study guide - slides
492 - end of Chapter 7 - Study guide - slides. (Sorry about the delay in posting - the server did not get updated.)
Next class will be the Freedom of Information Act. I will do some intro material. You should read the president's statement and the remarks of the Attorney General made on the signing of the original freedom of information act. (This document also contains an analysis of the act itself, which you are not required to read.)
Freedom of Information Act - Chapter 8 (all) - study guide - slides
Re: discussion of contracting for military services - here are a couple of links with additional info:
(I do not endorse these, but they are pretty typical)
Louisiana Open Meetings Law
535 - 578 - Study guide - read carefully, this is important info - slides
578 - 615 - Study Guide - slides (9) - slides (10 I)
615 - 647, Study Guide, slides - plus Berkovitz and Berkovitz Study Guide and Varholy v. Rex Sweat, 15 So. 2d 267, 153 Fla. 571 (Fl 1943) - no guide on Varholy, but look at the slides on habeas corpus and identify the key elements. Also, remember what was going on when the case was decided and why it is relevant to the basis of the detention.
647 - end, Study Guide, slides - It is going to be a fast moving class, but many of the issues are ones we have seen before. Please read the text carefully so you can best appreciate the class.
Review and discussion, materials to be provided.
Adlaw glossary, beta 1. clickable map, word version - comments welcome - firstname.lastname@example.org
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