Climate Change Project

Table of Contents



Administrative Law - Fall 2006
Professor Edward P. Richards

Exam Prep Materials

Blog - all anwers to email questions about the course will be posted here. The study questions are for your review and study, not for me. I have reviewed some answers for a couple of students, but I am calling a halt to study question answer review. Bring your questions to class, and if you have a specific question during the exam study period, email it to me: richards@lsu.edu.

Master Slide Set - all of the slides for the course.

Administrative Law Glossary (map view) - These are definitions prepared by Professor Donald Brodie, Emeritus, University of Oregon. They may help you understand basic terms.

APA Security Blanket - This is the text of sections 500 and 700, which contains all of the sections we have used. While you cannot bring this into the exam, you will be provided a clean copy along with the exam, so that you do not need to worry about memorizing any sections. Read through the sections mentioned in the slides and the study questions.

Updated Study Questions - All

Case list - there will not be a "name that case" section on the exam. Pay attention to the study questions to identify cases which you might need to answer specific exam questions.

Old exams (UPDATED) - The exam will be closed book. Last year was a special Katrina exception. The coverage of the course varies year to year, so old exams are guidance for form, not coverage. The length and complexity of the answers depends on the number of questions I ask. The policy materials we discussed in Chapter 3 will not appear as specific exam questions, although I might ask you to analyze a Katrina problem.

General info

Text: Administrative Law and Regulatory Policy, Sixth Edition by Stephen G. Breyer, Richard B. Stewart, Cass R. Sunstein (2006) - ISBN: 0735556067

This course will combine jurisprudential discussions with practical examples of agency practice. The objective is to acquaint the student with the day to day operation of government and to prepare them to analyze administrative law issues. We will move rapidly through the book and supplement it with more detailed materials on specific administrative law problems.

The exam will be closed book. I reserve the right to add or subtract points from the final grade based on classroom participation. Students are expected to read all assigned materials, although we may not discuss all the assigned readings in class.

Check the WWW site for assignments, Powerpoint presentations, and study materials.

15 August 2006

Introduction to administrative law. Read Chapter 1 - slides

17 August 2006

Non-delegation doctrine. Skim pp 31-74. The objective of this reading is to understand what the non-delegation doctrine is, and why we do not care about it any more.:-)

Separation of Powers. Read 74 - 102. - slides

22 August 2006

123 - 139 in the text. Slides

Separation of Powers in Louisiana - Wooley v. State Farm Fire and Cas. Ins. Co., 893 So.2d 746 (La. 2005) - guide - slides

24 August 2006

Public participation in administrative rule making - The Regulators movie. No reading assignment.

29 & 31 August 2006

Long assignment, but it covers two classes. 53-63 and Chapter 3. Pay careful attention to the table on pp 151-152. This chapter is the core of the debate over regulatory policy and cost benefit analysis. - Slides

5 September 2006

Read chapter 4 through 242. Slides

7 September 2006

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 Slides on Smallpox (just background, not exam fodder)

These cases deal with judicial deference to agencies in classic public health and safety actions. Additional materials on HIV law.

12 September 2006


Slides - lecture on rulemaking as background for Chevron and Mead

Slides - Chevron

Slides - Mead

Slides - the rest

14 September 2006

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); Word version with hot topics in bold.

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). (I will post study guides.)

Slides - sorry about the delays in posting these materials - I lost power Wed. afternoon and did not get it back until 9:30 pm.

19 September 2006

347-404. (You are encouraged to read the pages we skipped, but it will not be on the exam.) - slides

21 September 2006

438-477 - slides

26 September 2006

479-544 - slides (slight corrections 26 Sept 2006)

28 September 2006

544-605 - slides

3 October 2006

604-649 - sllides

5 October 2006

Break!!! - no class. Start reading for next week - 649 - 680 -

10 October 2006


12 October 2006

reading days


Agenda for the rest of the course. We are ahead of schedule, due to not losing any hurricane days, so we can slow down the pace. We are going to finish reading the book at a leisurely pace of 30 pages a class, with no reading for the last day. I am going to add some additional materials on some days, so that we will not necessarily cover the material assigned on a given day until a day or two later.

17 October 2006

681-712 - This class will focus on the FOIA. Also look at this WWW site: http://www.usdoj.gov/oip/04_3.html - it is the DOJ guide to FOIA. FOIA is something you will use in practice. FOIA slides - more than you ever wanted to know.

19 October 2006


I am going to lecture on administrative searches during this class. I will post the slides at least a day early so you can use them to take notes. Slides

24 October 2006

742-772 - slides - these slides cover through page 747.

26 October 2006

772-803 - slides

31 October 2006


Some fun cases to help you better understand discretionary authority and suing under tort claims acts:

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);

Berkovitz by Berkovitz v. U.S., 486 U.S. 531 (1988) (study guide);

Leleux v. United States, 178 F.3d 750 (5th Cir. 1999)

Use the slides and study guide to help with the reading - slides

2 November 2006

833-860 - slides - these take us through 857.

Dates corrected

7 November 2006

860-891 - slides

9 November 2006

891-921 - slides

14 November 2006

921-945 - Warning, typo in the holding of the Nader case, p.941, first sentence of the 2nd full paragraph should read: We conclude that petitioner's tort action should not be stayed pending reference to the Board and accordingly the decision of the Court of Appeals on this issue is reversed.


16 November 2006

Question answering session.

21 November 2006

I will be available during the regular class time to answer questions. Roll will not be taken. This will be your chance to resolve last minute questions.







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