Required Text: MASHAW, MERRILL, and SHANE, ADMINISTRATIVE LAW: the AMERICAN PUBLIC LAW

The Columbus School of Law THE CATHOLIC UNIVERSITY OF AMERICAAdministrative Law 261, Sec. N-1 Spring 2012 (MW 6:20 – 7:35 p.m.) Room 305 Professor Donna Coleman Gregg 202-319-6299 [email protected]Required Text: MASHAW, MERRILL, AND SHANE, ADMINISTRATIVE LAW: THE AMERICAN PUBLIC LAW SYSTEM (6TH EDITION, 2009) (“MMS”)Supplemental materials including articles and decisions will be distributed as warranted by significant developments during the semester. The reading assignments listed below for each class represent a general guideline as to the order of topics to be covered and how much emphasis will be devoted to each topic. They are subject to slight adjustment as the course progresses. Although we will try to cover all the reading within a class or so of the dates it is assigned, I am trying to build in some flexibility to spend more time on particular areas if warranted and to discuss breaking developments that occur. If we deviate from the printed reading schedule, I will announce the revised readings for the next lecture at the end of each class, post the change on TWEN, and e-mail the change to the class.Date (Class 1): Mon., January 9, 2012 Topic/ Issues: COURSE INTRODUCTIONAdmin Law 261: Conduct and Logistics of the CourseLecture and Discussion: Why Study Administrative Law? An Introduction to the American Public Law System and “the Administrative State”Class Preparation: Give some thought to how the federal agencies comprising the pervasive “Administrative State” in which we live touch your everyday life. Specifically, on a day prior to the first day of class, try to identify and jot down at least a dozen examples of how federal agencies play a role in your normal daily activities. Bring your list to class. We’ll discuss this in class and create a composite list to revisit at the end of the semester.Date (Class 2): Weds., January 11, 2012Topic/ Issues: ADMINISTRATIVE LAW “BIG PICTURE”MMS 1-39: INTRODUCTION TO ADMINISTRATIVE LAW  What (and where) is Administrative Law?  U.S. Public and Administrative Law  The Architecture of an Administrative Agency  Critique and Reform of Administrative Government** Please complete the student information and agency team preference form that was distributed in class on Mon, Jan. 9, and it to class on Jan. 11.Date: Mon., January 16, 2012 NO CLASSES – Rev. Martin Luther King, Jr. BirthdayDate (Class 3): Weds., January 18, 2012 Topic/ Issues: LEGISLATIVE CONTROL OF AGENCY ACTIONS  Delegations of Lawmaking Authority o Non-Delegation Doctrine o Consequences of Statutory Vagueness and PrecisionClass Preparation: MMS App. A 1371-76, U.S. Constitution Art. I (§§ 1, 7 & 8)MMS 72-77, notes on Panama Refining Co. v Ryan, Schecter Poultry Corp. v United States, and Yakus v. United StatesMMS 78-88, Amalgamated Meat Cutters v. Connally, Economic Stabilization Act, and note 1MMS 127, Introduction to Statutory PrecisionMMS 13-40, Public Citizen v. Young2 Adminstrative Law 261 Spr 2012 Date (Class 4): Mon., January 23, 2012 Topic/ Issues: LEGISLATIVE CONTROL OF AGENCY ACTIONS  Legislative Veto  Other Means of ControlClass Preparation: MMS 107, IntroductionMMS 108-119, Immigration and Naturalization Service v. ChadhaMMS 121(Note 5) -127: Congressional Review Act, Sunset Laws, and Appropriations RidersDate (Class 5): Weds., January 25, 2012 Topic/ Issues: LEGISLATIVE CONTROL OF AGENCY ACTIONS  Pervasive Instruments of Legislative ControlClass Preparation: MMS 150-68  Administrative Procedure Act  Freedom of Information Act  Government in the Sunshine Act  Federal Advisory Committee Act [Add cite]  Privacy Act  National Environmental Policy Act  Regulatory Flexibility Act  Paperwork Reduction Act  Ethics in Government Act  Inspector General Act3 Adminstrative Law 261 Spr 2012 Date (Class 6): Mon., January 30, 2012Topic/ Issues: EXECUTIVE SUPERVISION OF AGENCY ACTION AND POLICY  President’s Power to Appointment and Remove AdministratorsClass Preparation: MMS App. A, 1377-88, U.S. Constitution, Article II, §2MMS 177-84, CommentaryMMS 185-91, Buckley v. ValeoMMS 216-28, Humphrey’s Executor Date (Class 7 ): Weds., February 1, 2012Topic/ Issues: EXECUTIVE DIRECTION AND SUPERVISION OF ` AGENCY ACTION AND POLICY  President’s Authority to Direct Agency PolicyClass Preparation: MMS, 253-69 CommentaryMMS 278-83 CommentaryMMS 283-87 Environmental Defense Fund v. Thomas 4 Adminstrative Law 261 Spr 2012 Date (Class 8 ): Mon., February 6, 2012Topic/ Issues: QUIZ – Legislative and Executive Control of Administrative AgenciesAGENCY ADJUDICATION  IntroductionClass Preparation: MMS 307-13 CommentaryMMS 313-25 Commodities Futures Trading Comm. v SchorDate (Class 9 ): Weds., February 8, 2012Topic/ Issues: AGENCY ADJUDICATION  Timing and Elements of Due ProcessClass Preparation: MMS 325-32 CommentaryMMS 332-39 Goldberg v. KellyMMS 347-55 Mathews v. EldridgeMMS 360-66 Hamdi v. Rumsfeld5 Adminstrative Law 261 Spr 2012 Date (Class 10 ): Mon., February 13, 2012Topic/ Issues: AGENCY ADJUDICATION  Interests Protected by Due ProcessClass Preparation: MMS 376-78 CommentaryMMS 378-84 Board of Regents v. RothMMS 384-91 Perry v. SindermanMMS 391-408 Cleveland Bd of Education v. LoudermillDate (Class 11): Weds., February 15, 2012Topic/ Issues: AGENCY ADJUDICATION§§  Statutory and APA Hearing RightsClass Preparation: MMS App. C 1396, APA §§ 554(a)MMS 408 CommentaryMMS 408-17 U.S. v. Florida East Coast Railway Co.MMS App. C 1393-94, APA § 551 (4), (6), and (7) (definitions) MMS App. C 1396-97, 1398-1402, APA §§ 554, 556-557MMS 423-27 CommentaryMMS 427-34 Richardson v. Perales6 Adminstrative Law 261 Spr 2012 Date (Class 12): Mon., February 20, 2012 Topic/ Issues: AGENCY ADJUDICATION  Managing and Avoiding AdjudicationMMS App. C 1405-07, APA §§ 1305, 3105, 3344, 5372, 7521MMS 455-57, CommentaryMMS 457-61 Nash v. CalifanoMMS 467-71, Heckler v. CampbellMMS 476 - 80, Airline Pilots Ass’n v. Quesada (and notes 1 and 2)Date (Class 13): Weds., February 22, 2012Topic/ Issues AGENCY RULEMAKING  IntroductionClass Preparation: MMS App C 1395-99, APA §§553 , 554, and 556MMS 496, 515-18 CommentaryMMS 531-536 National Tire Dealers & Retreaders Ass’n Inc. v. BrinegarMMS 530-47 Motor Vehicle Manufacturers Ass’n of U.S., Inc. v. State Farm Mutual Automobile Insurance Co. Review rules for rulemaking proceedings for your team’s agency7 Adminstrative Law 261 Spr 2012 Date (Class 14): Mon., February 27, 2012Topic/ Issues: AGENCY RULEMAKING  Exceptions from Rulemaking Process  Informal Rulemaking Process Class Preparation: MMS App. C 1395, APA §533(a)MMS 567-73 U.S. v. Nova Scotia Food Products CorpMMS 597-608 Sierra Club v. HostelMMS 609-17 Ass’n of National Advertisers v. FTCDate (Class 15): Weds., February 29, 2012Topic/ Issues: AGENCY RULEMAKING  Hybrid Rulemaking  Other RequirementsClass Preparation: MMS 609-17 Ass’n of National Advertisers v. FTC MMS 581-88, Vermont Yankee Nuclear Power Corp. v Natural Resources Defense Council, Inc.MMS 639-47 CommentaryMarch 5 and 7, 2012SPRING BREAK – NO CLASSES8 Adminstrative Law 261 Spr 2012 Date (Class 16): Mon., March 12, 2011Topic/ Issues: QUIZ: AGENCY ADJUDICATION AND RULEMAKINGDate (Class 17): Weds., March 14, 2012Topic/ Issues: JUDICIAL REVIEW OF AGENCY ACTION: REVIEWABILITY  Reviewability  Statutory Preclusion  Decisions Committed to Agency Discretion by LawClass Preparation: MMS 894-99 CommentaryMMS 899-910 Johnson v. RobisonMMS 914-16 CommentaryMMS 916-926 Webster v. Doe and note 19 Adminstrative Law 261 Spr 2012 Dates (Classes, 18 ,19, 20 and 21): Mon., March 19, 2012, Weds. March 21, 2012, Mon., March 26, 2012, and Weds., March 28, 2012Topic/ Issues: REVIEWABILITY1. Timing: Finality, Ripeness, and ExhaustionClass Preparation: MMS 982-83 CommentaryMMS 983-90 Dalton v. Specter MMS Commentary (990--97)MMS 997-1004 Abbott Laboratories v. GardnerMMS 1004-09 Toilet Goods Ass’n v. GardnerMMS App. C 1404, APA §704MMS 1014-18 commentary2. Standing Class Preparation: MMS 1025-32 CommentaryMMS 1033-35 Association of Data Processing Service Organizations, Inc. v. CampMMS 1036-39 CommentaryMMS 1047-57 Sierra Club v. Morton and notes 1-23. Causation, Redressability and Public ActionsClass Preparation: MMS 1075-84 CommentaryMMS 1084-97 Lujan v. Defenders of WildlifeMMS 1101-13 Massachusetts v. Environmental Protection Agency and notes 1-410 Adminstrative Law 261 Spr 2012 Date (Class 22): Mon. April 2, 2012 QUIZ: REVIEWABILITYDate (Class 23): Weds. April 4, 2012Topic/ Issues: JUDICIAL REVIEW OF AGENCY ACTIONS: SCOPE OF REVIEW: Introduction, Presumptive (but limited) Review, Questions of LawClass Preparation: MMS 793-98 CommentaryMMS App. C 1402-05, APA §§ 701-706MMS 798-812 Citizens to Preserve Overton Park and notesMon., April 9, FINAL DAY, EASTER RECESSNO CLASSES11 Adminstrative Law 261 Spr 2012 Date (Class 24): Weds., April 11, 2012Topic/ Issues: SCOPE OF REVIEW: Questions of LawClass Preparation: MMS 812-19: Chevron U.S.A. v. Natural Resources Defense Council, Inc.Note: YOU CAN’T PRACTICE ADMINISTRATIVE LAW WITHOUT KNOWING THIS CASE!!!MMS 819-35: United States v. Mead Corp. and notes 1-3Date (Class 25): Mon., April 16, 2012Topic/ Issues: SCOPE OF REVIEW: Substantial Evidence TestMMS 846-48 CommentaryMMS 848-52 NLRB v. HearstMMS 852-60 CommentaryDate (Class 26): Weds. April 18, 2012Topic/ Issues: SCOPE OF REVIEW: Recent Cases (TBD)Class Preparation: TBD12 Adminstrative Law 261 Spr 2012 Date (Class 27): Mon., April 23, 2012GUEST SPEAKERDate (Class 28): Weds., April 25, 2012Topic/ Issues: FINAL CLASS WRAP-UP AND REVIEW 13 Adminstrative Law 261 Spr 2012COURSE POLICIES:Grading: Final grade will be determined as follows: Final exam (70%), 3 quizzes (10% each). The final exam will be closed book and will consist of one section of multiple-choice questions, and one section of essay questions, including one fact-based analysis problem. I reserve the right to raise or lower the final grade by one-half letter grade (e.g., B+ to A or B) based on students’ class preparation and participation.Other Policies:  Laptops may be used in the classroom for note-taking only.  In the interest of free and open class discussion, in-class audio-taping generally is not permitted but can be arranged with advance permission in special circumstances causing a prolonged absence.  Attendance is mandatory. Students will be required to initial an attendance sheet at each class. If you do not sign in, you will be considered absent. Absences are governed by the Law School’s attendance policy (see Academic Rule Section V in the Announcements).  I will announce my regular office hours at the first class and post them on TWEN. I will also meet with students by appointment.  Additional reading material and other information will be communicated to students in class, by direct e-mail, or on the course TWEN site. ACADEMIC HONESTY POLICY: The Rules of Professional Conduct for Law Students (Honor Code) applies to conduct of law students from the time a student registers in the law school until graduation. The Rules of Professional Conduct for Law Students are located in the Announcements and posted to the web. Allegations of violations of these rules, including allegations of academic dishonesty, may be brought before the Honor Board for investigation and possible adjudication. In addition to the Law School Honor Code, students are also bound by the University’s Academic Honesty policy found at http://policies.cua.edu/academicundergrad/intergrity/procedures.cfm . Academic honesty is expected of all students. Neither the Law School nor the University will tolerate violations of academic honesty14 Adminstrative Law 261 Spr 2012

Required Text: MASHAW, MERRILL, and SHANE, ADMINISTRATIVE LAW: the AMERICAN PUBLIC LAW

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