Administrative Law, Fall 2004
Professor Edward Richards

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.

Administrative Law Exam Blog - Fall 2004

Send questions to me at richards@law.lsu.edu (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.

New - Study Guides

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

Important links:

Federal APA

Louisiana Administrative Law

Assignments

17 Aug 2004

Read Chapter One, be prepared to discuss the issues in the study guide for Chapter One. Slides

19 August 2004

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

24 August 2004

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

26 August 2004

46 - 64 - study guide - Note: the study guides may also contain supplemental information. - slides

31 August 2004

64 - 83 - study guide - slides

2 Sept 2004

83 - 109 - Study guide - slides (Ch2) - (Ch3)

7 Sept 2004

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

9 Sept 2004

117-149 - study guide - slides

14 Sept 2004

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

21 Sept 2004

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

28 Sept 2004

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
§995. Director
§996. Duties of the director
§997. Program of judicial evaluation
§998. Prehearing conference
§999. Disqualification and withdrawal of administrative law judge

30 Sept 2004

Finish review of LA APA sections and watch the adlaw movie on rule making.

7 Oct 2004

218 - 253 - Study Guide - slides

12 Oct 2004

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

14 Oct 2004

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

19 Oct 2004

Adlaw movie

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.

21 Oct 2004

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

26 Oct 2004

397 - 441 - Study Guide, and paragraphs 26 - 102 of Chadha (we will finish Chadha next time) - slides

28 Oct 2004

Chadha through paragraph 157, (Skip 441-464) 464 - 492 - Study guide - slides

2 Nov 2004

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.)

4 Nov 2004

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:

http://www.basicint.org/pubs/Research/2004PMC.htm

http://www.newhousenews.com/archive/wood080103.html

(I do not endorse these, but they are pretty typical)

9 Nov 2004

Louisiana Open Meetings Law

535 - 578 - Study guide - read carefully, this is important info - slides

11 Nov 2004

578 - 615 - Study Guide - slides (9) - slides (10 I)

16 Nov 2004

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.

18 Nov 2004

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.

23 Nov 2004

Review and discussion, materials to be provided.

Adlaw glossary, beta 1. clickable map, word version - comments welcome - richards@lsu.edu