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New! Study Questions for the Exam, tuned for this course. Remember, these are your study questions, not my study questions. Find out the answers on your own.
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: Administrative Law: Examples & Explanations, by William F. Funk, Richard H. Seamon, Published: 11/24/2001, ISBN: 073552453X. This is available at: Barnes & Noble and may be in local book stores.
Class participation counts and points may be deducted from your final grade if you are consistently unprepared.
The primary course materials will be this WWW site and outside links.
Introduction to Administrative Law - no reading assignment. Be sure to buy your text. If it is not in the bookstore, order it online and do not wait. Slides
Adlaw movie on rulemaking and public participation.
Read paragraphs 178 - 260 in Buckley v. Valeo, 424 U.S. 1 (1976). - Study guide to Buckely. Read all of INS v. Chadha, 462 U.S. 919 (1983), using the study guide to direct your reading and prepare you for the class discussion. We will discuss Buckley this class and start Chadha.
Finish Chadha - Chadha Slides - Review of Appointments Slides
Canceled
Canceled.
Since adlaw is about how the government works, I have always rooted the course in the real world. When major events happen, such as 9/11, I shift the course to look at the adlaw aspects of those events. Hurricane Katrina is one of those events, and it is very personal to us in LA. We will have several students from Tulane and Loyola joining us and we will adjust class work with this in mind. There is no specific assignment for Tuesday and format of the class will depend on how many new students are with us. You should start reading the brilliant series of articles on the hurricane risk to New Orleans that the TIMES-PICAYUNE published in 2002: Washing Away. We will use those articles as the foundation of our discussion about the government's preparation and response to the storm. We will explore the roles of the federal and state governments and sort out the furious finger-pointing as public officials try to dodge blame. We will think about the nature of federalism and the relationship between state and local government and how these relationships lead to paralysis on issues that everyone knows must be addressed. We will look at martial law and whether it should be used in these situations, and when a local problems becomes a national problem. We will also look at the question of what should be done next and the legal problems facing the state from this storm.
Is Homeland Security in charge?
Start our discussion of Washing Away. Be sure to read all the articles in the five part series.
Do ALJs trump agencies? - Wooley v. State Farm Fire and Cas. Ins. Co., 893 So.2d 746 (La. 2005) - guide - slides
Remember - we will have an encore screening of the Regulators movie at the end of class.
Discuss Chapter 3 - Adjudication. I will hand out copies of the chapter in class on the 13th for the visiting students who do not have their book yet. slides
Read Chapter 4. Also Goldberg v. Kelly. Think about new property and welfare. Goldberg slides
Finish discussion of Chapter 4, read Mathews v. Eldridge and North American Cold Storage. We will discuss how Mathews modified Goldberg, and how it harkens back to North American Cold Storage. Slides
Due process for administrative detention of people: Pauline Varholy v. Rex Sweat, 15 So. 2d 267, 153 Fla. 571 (Fl 1943); In re Halko, 246 Cal. App. 2d 553, 54 Cal. Rptr. 661 (Cal.App.Dist.2 11/18/1966); Reynolds v. McNichols, 488 F.2d 1378 (10th Cir. 1973);
Think about balancing the rights of the individual to due process versus the cost of that due process to society. You do not need to read these cases in great detail, but figure out the facts, the due process issues, and the role of habeas corpus and bail. Remember what you learned in constitutional law and criminal law about habeas corpus and think about how it is applied more generally in these cases. You can brush up on habeas corpus here. Slides
Addington v. Texas, 441 U. S. 418 (1979); City of Newark v. J.S., 279 N.J.Super. 178, 652 A.2d 265, 3 A.D. Cases 1834 (N.J.Super.Law Div. 1993); SARS - article on due process in quarantine
Addington and City of Newark deal with the standard of proof in administrative detentions for mental health, and whether that applies to quarantine. Is City of Newark correctly decided? What are the implications of the standard it adopts? How would this work for a SARS outbreak? What are legal alternatives? What should be the state's burden in quarantine? Remember who would be ordering in Louisiana.:< - slides continued
Read Chapter 5 - rulemaking - slides
For a view on AIDS from the rich lunatic fringe - http://www.nationalreview.com/seipp/seipp200509290815.asp
Continue discussion of rulemaking
Louisiana Law: Adams v. State Dep't of Health, 458 So.2d 1295 (La. 1984); State v. Taylor, 479 So.2d 339 (La.1985); State v. All Pro Paint and Body Shop, Inc., 639 So.2d 707 (La 1994) - slides
More Louisiana - State v. Alfonso, 753 So.2d 156 (La. 1999)
Louisiana Administrative Procedure Act - review sections 962 - 983. Does Louisiana have a Chadha problem?
Chapter 6 - (handout of revised chapter - if you miss class, get it from my secretary) Pages 1-23. Also read: Lujan v. Defenders of Wildlife, 504 U.S. 555 (1992). - slides
Finish Chapter 6 - slides (updated)
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.
City of New York v New St. Mark's Baths, 130 Misc. 2d 911, 497 N.Y.S.2d 979 (1986 - study guide
These cases deal with judicial deference to agencies in classic public health and safety actions. This is the most extreme case for deference. Slides on Smallpox
Start reading chapter 7
We are going to cover as much of Chapter 7 as fits in the class. Hint - I am not interested in your mastering the academic nuances in Chevron. Slides - revised and complete - replaces the previous posting of 25 Oct.
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); Lorillard Tobacco Company v. Reilly, 533 U.S. 525, 121 S.Ct. 2404, 150 L.Ed.2d 532 (2001) (this case shows how Congress also limits the power of states to regulate tobacco). Slides
Suing the government: Dalehite v. U.S., 346 U.S. 15, 73 S.Ct. 956, 97 L.Ed. 1427 (1953); Allen v. U.S., 816 F.2d 1417 (10th Cir. 1987), Certiorari Denied by Allen v. U.S., 484 U.S. 1004 (1988); Berkovitz by Berkovitz v. U.S., 486 U.S. 531 (1988) (study guide); Leleux v. United States, 178 F.3d 750 (5th Cir. 1999) - slides
Note on class discussion - you do not need to know all the ways to sue the federal government - we are focusing on the tort claims act because it is tied up in agency functioning, and is consistent with the notion of political control of agencies. The other materials we discussed were to illustrate that the FTCA is not the only way you can get money from the government.
Discretionary authority in LA- Gregor v. Argenot Great Central Insurance Co., 851 So.2d 959 (La. 2003); how does this case fit with the FTCA analysis?
Suing the Corp of Engineers: Graci v. United States, 456 F.2d 20 (5th Cir. 1971); Florida East Coast Ry. Co. v. U.S., 519 F.2d 1184 (5th Cir.(Fla.) Sep 29, 1975); Central Green Co. v. United States, 531 U.S. 425 (2001); suing the levee board and the parish: Saden v. Kirby, 660 So.2d 423 (La. 1995). We are reading these cases to get an idea about how immunity for the Corp of Engineers works, whether it has any limits, and the possible legal actions against the state and the levee boards. - slides
Administrative Searches - chapter 8. Slides (constitutional basis for administrative searches) - see this page for more info.
Finish Chapter 8 - slides for the rest of Chapter 8; begin Chapter 9. Introduction to FOIA
Finish Chapter 9 - slides
Finish up loose ends; review adlaw problem solving; discuss exam - Slides
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