Administrative Law Syllabus

	PDF Version: General Info and Syllabus
	General Information
Class Times:	Mondays, Wednesdays, and Thursdays, 10:40 A.M. - 11:30 A.M. Room D
Office:	200 McAllister, Room 359 Telephone: (415) 565-4675 e-mail: bhagwata@uchastings.edu
Office Hours:	Mondays and Wednesdays, 2:30 P.M. to 4:00 P.M.
	I am also happy to make an appointment to see anyone outside of regularly scheduled office hours, or to talk to anyone who stops by my office, subject to other time demands.
Final Exam:	Limited Open Book, In-Class Essay Examination. More details will follow towards the end of the semester.
Grading:	Your final grade will be based primarily on the final exam. However, I reserve the right to adjust grades up or down by a half-grade (e.g., B+ to A-) to reflect extraordinary contributions to class discussion, or extraordinary disinterest, respectively. Downward departures will be based on failure to participate in class discussion and/or an unusually high numbers of absences.
SYLLABUS Short-forms used: Casebook = Strauss, Rakoff and Farina, Gellhorn & Byse's Administrative Law (rev. 10^th ed.) APA = The Administrative Procedure Act, reprinted in Casebook, pp.1321-1354 I. Introduction to Administrative Law Casebook, pp. 7-34 APA, §551 Casebook, pp. 238-276 Londoner v. Denver Bi-Metallic Investment Co. v. State Bd. Of Equalization of Colorado Wong Yang Sung v. McGrath Dickinson, Acting Commissioner of Patents and Trademarks v. II. The Constitutionality of the Administrative State A. Delegation of Legislative Power Casebook, pp. 35-77 American Trucking Association v. EPA Whitman v. American Trucking Association B. Delegation of Judicial Power Casebook, pp. 118-138 Commodity Futures Trading Corporation v. Schor C. Appointments, Removal, and Formal Separation Casebook, pp. 138-191 Myers v. United States Humphrey's Executor v. United States Morrison v. Olson Bowsher v. Synar D. Congressional Power Over Agencies Casebook, pp. 191-212 INS v. Chadha Casebook, pp. 233-236 E. Presidential Power Over Agencies Casebook, pp.212-222 III. Adjudication by Administrative Agencies A. Formal Adjudication APA, §§554, 556, 557 Casebook, pp. 322-374 Seacoast Anti-Pollution League v. Costle Office of Communication of the United Church of Christ v. FCC Envirocare of Utah v. Nuclear Regulatory Commission Castillo-Villagra v. INS Armstrong v. Commodity Futures Trading Commission B. Informal Adjudication APA, §555 Casebook, pp. 470-478 Pension Benefit Guaranty Corporation v. LTV Corporation IV. Rulemaking by Administrative Agencies A. Introduction to Rulemaking APA, §553 Casebook, pp. 483-493 B. Procedural Requirements in Informal Rulemaking 1. General Requirements Casebook, pp. 493-519 Sugar Cane Growers Cooperative of Florida v. Ann M. Veneman Vermont Yankee Nuclear Power Corp. v. NRDC 2. Notice Casebook, pp. 519-524 Natural Resources Defense Council v. USEPA 3. Comment Casebook, pp. 524-540 United States v. Nova Scotia Food Products Corp. 4. "Concise General Statement of Basis and Purpose" Casebook, pp. 540-551 Independent U.S. Tanker Owners Committee v. Dole C. Choice of Rulemaking Versus Adjudication and Retroactivity Casebook, pp. 556-586 SEC v. Chenery Corp. Bell Aerospace Co. v. NLRB NLRB v. Bell Aerospace Co. Epilepsy Foundation of Northeast Ohio v. NLRB Bowen v. Georgetown University Hospital D. Executive Order 12866 and The Rise of the Cost/Benefit State Casebook, pp. 1370-1382 Executive Order 12866 Casebook, pp. 609-611, 614-627 Casebook, pp. 638-663 E. Exceptions to the Notice-and-Comment Requirement Casebook, pp. 705-732 Air Transport Association of American v. FAA General Electric Company v. EPA V. Procedural Due Process *A. History and the Goldberg v. Kelly* Revolution** Casebook, pp. 767-800 Bailey v. Richardson Cafeteria & Restaurant Workers Union v. McElroy Goldberg v. Kelly B. What Interests Trigger Due Process? Casebook, pp. 800-819 (through Note 6) Board of Regents of State Colleges v. Roth Perry v. Sindermann Casebook, pp. 823-828 (through Note 2) Meachum v. Fano C. What Process is Due? Casebook, pp. 837-851 Mathews v. Eldridge Casebook, pp. 872-884 Cleveland Board of Education v. Loudermill VI. Access to Judicial Review A. Introduction: Modes of Review Casebook, pp. 1099-1117 APA, §§701-705 B. Constitutional and Statutory Standing Casebook, pp. 1117-1139 Allen v. Wright Association of Data Processing Service Organizations v. Camp C. The Presumption of Reviewability Casebook, pp. 1181-1209 Abbott Laboratories v. Gardner Block v. Community Nutrition Institute Bowen v. Michigan Academy of Family Physicians D. Exceptions to Reviewability Casebook, pp. 1209-1228 Webster v. Doe E. The Timing of Review Casebook, pp. 1229-1241 (through Note 3) Ticor Title Insurance Co. v. FTC VII. The Scope of Judicial Review A. Introduction: General Standards and the Requirement of Consistency Casebook, pp. 902-915 Shaw's Supermarkets, Inc. v. NLRB B. Review of Agency Factual Determinations Casebook, pp. 936-973 Universal Camera Corp. v. NLRB Allentown Mack Sales and Service v. NLRB Association of Data Processing Service Organizations v. Board of Governors of the Federal Reserve System C. Review of Determinations "Beyond the Facts" 1. The Road to Overton Park Casebook, pp. 978-1002 NLRB v. Hearst Publications Skidmore v. Swift & Co. Citizens to Preserve Overton Park v. Volpe 2. Modern "Hard Look" Review and the Problem of "Ossification" Casebook, pp. 1002-1026 Motor Vehicle Manufacturers Association of the United States v. State Farm Mutual Automobile Insurance Co. *3. The Chevron* Doctrine** Casebook, pp. 1026-1091 Chevron, U.S.A. v. NRDC MCI Telecommunications Corp. v. AT&T United States v. Mead Corporation VIII. Bias and Improper Influence Affecting Agency Personnel A. In Adjudication Casebook, pp. 423-435 Professional Air Traffic Controllers Organization v. FLRA Casebook, pp. 443-456 Portland Audubon Society v. The Endangered Species Committee Pillsbury v. FTC B. In Rulemaking Casebook, 663-673 Home Box Office v. FCC Casebook, pp. 684-698 Sierra Club v. Costle IX. The Freedom of Information Act A. The General Scope of FOIA Casebook, pp. 733-748 NLRB v. Sears, Roebuck & Co. B. Exemptions to FOIA Casebook, pp. 748-762 Critical Mass Energy Project v. NRC Chrysler v. Brown

Administrative Law

SYLLABUS - Fall 2004