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: Bonfield and Levin's: State and Federal Administrative Law, 2nd ed. 1998 and it's 2001 supplement. Additional materials and study guides will be provided on Professor Richards WWW site.
I reserve the right to add and deduct from a student's grade for classroom participation.
Administrative Law Fall 2001 - Exam
Administrative Law Winter 2001 - Exam (html)
Administrative Law 2000 - Exam
Chapter 1 - Study Guide
North American Cold Storage Co. v. City of Chicago, 211 U.S. 306 (1908), paragraphs 40 - 52. Pages 18 - 42 in the text. Study Guide
42 - 64 - study guide - NY Times link
64 - 83 - study guide - word processor format - html - see if the word processor format works better for you. Chapter 2 review.
83 - 109 - Study guide.
109 - 142 - Study Guide, slides
142 - 163 - Study Guide
Review these sections of the LA APA:
§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
Continue reading the LA APA:
163 - 189 - Study Guide - Slides
I have put up materials for the next few weeks - keeping checking the WWW site before class in case there are breaking news items I want to bring to your attention.
189 - 218 - Study Guide
218 - 253 - Study Guide - Professor Baier's Brief in the Wooley Case -
253 - 286 - Study Guide
286 - 323 - Study Guide- Update Slides for the remainder of Chapter 5
323 - 358 - Study Guide - Slides - Chapter 6 - complete
358 - 396 - Study Guide - Alaska Sex Offender Case
397 - 428 - Study Guide - Slides
LA Emergency Rules
No Class Thursday, 13 March.
428 - 441, use this study guide, then read this version of Chada and use this study guide
Read Chada carefully - we will use it to review many adlaw points. It is a long case, but think of it as two class assignments.
March 20 - Adlaw movie day - We will watch the Regulators, a Frontline on how regulations are made. Bring your own popcorn.
Day 19 - March 25
464 - 492 - Study guide - Slides - Revised
Day 20 - March 27
492 - 525 - Study Guide - review § 552 Public information; agency rules, opinions, orders, records, and proceedings
DOJ Guide to FOIA
Department of Labor FOIA Guidelines
DOJ - Questions and Answers on the Freedom of Information Act and the Privacy Act
Day 21 - April 1
525 - 534 - Study Guide - We will finish FOIA from last time, then finish the chapter through 534. I will also spend some time going over the appointments clause again, this time with some illustrations, to make sure we all understand what is going on with this. The next section is judicial review, and I would recommend you start your readings over the weekend since it is pretty dense material.
Chapter 7 slides updated with new appointments process materials
Chapter 8 slides
Louisiana Open Meetings Law
Day 22 - April 3
535 - 571 - Study guide - Chapter 9 Slides
Day 23 - April 8
592 602 - I miss typed this assignement. It should have included
the handout as I directed at the end of class when I gave it out, and the additional
10 pages. I will cover the extra pages with slides, but read them ahead of
get the chance. (We are not reviewing 602-611)
Day 24 - April 10
611 - 632, plus St. Mark's Baths, a case dealing with what courts should do to do when experts disagree on a public health and safety measue.
Study Guide for St. Mark's Baths
Slides - Chapter 10
Day 25 - April 15
632 - 655, Study Guide, plus Berkovitz and Berkovitz Study Guide
Exemptions to the FTCA,
Correction to discussion of 42 USC 1983 - I was incorrect when I said that 1983 applies to state officials in their OFFICIAL capacity. You can sue city and other non-state officials both personally and in their official capacity. You can only sue state officials personally because of the 11th Amendment. You can get an injunction against the state under 1983, but cannot get damages. Thus in a state prison case, you sue the director of prisons personally and move for an injunction to force the state to cure the unconstitutional violations. The state then defends the official and protects him from a verdict for things done within his official capacity. The court can order the official to stop unconstitutional behavior and enforce the order through contempt of court. See Comparing 42 USC 1983 and Tort Claims Acts
Day 26 - April 17
686 662, study guide, Slides
- Chapter 11
Day 27 - April 22
662 - 693, Study guide for 686-693 - Sorry about the delay in getting this posted. I am working out a computer problem. I should have the sample exam answers up by Wednesday night.
Day 28 - April 24
693 - End - Study Guide
April 25 - Review Session - Optional
Room 212, 1:30 - 3:00
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