Archives for Fall 2011

March 27




Finish Chapter 6. Read carefully and note how final agency action and ripeness are often just different ways of arguing the same facts.

March 20


The Powell Memorandum –

While this is from 1971, it is in the news because of the beginnings of the Gorsuch hearings. Two months before being nominated to the court, Lewis Powell wrote this confidential memo on how the right could capture the courts and public opinion.


Massachusetts v. E.P.A., 127 S.Ct. 1438 (2007) – the global warming case. Read paragraphs 23-85. This is the standing material referred to in the text. We are going to look carefully at this case and climate change as the critical regulatory dilemma of our time. We will read more of the case when we are reading Chapter 7.



Study Guide: Mass v EPA – Standing

Slides: Mass v EPA – Standing

Study Guide: Standing – Part- II

Lexmark International, Inc. v. Static Control Components, Inc., 134 S. Ct. 1377 (2014) – for reference


March 6


The Federal Budget in 2016


Read Mathews v. Eldridge (edited version)

Finish reading Chapter 4


Social Security Disability Insurance Program Spending 2012

Social Security Disability Insurance: Participation and Spending 2016

CBO: Social Security Policy Options, 2015

Study Guide: Mathews and the Modern World

Study Guide: Bias in Administrative Hearings

Slides: Mathews and Bias

March 1


Risk Benefit for Medical Treatment

Presidential Executive Order on Enforcing the Regulatory Reform Agenda


A little review on rules v. guidance documents – the transgender bathroom rule documents

Letter to Emily Prince from James A. Ferg-Cadima, Acting Deputy Assistant Secretary for Policy, Office for Civil Rights at the Department of Education dated January 7, 2015

Dear Colleague Letter on Transgender Students jointly issued by the Civil Rights Division of the Department of Justice and the Department of Education dated May 13, 2016

Dear Colleague letter withdrawing the guidance on transgender student bathroom use

Read these letter and be prepared to discuss whether they are proper guidance documents or improper rules. We will return to these when we discuss the legal standards for deference to agencies.

Carry over readings from last class. Read to B. The Modern Rule in Chapter 4.


Study Guide: Prisons as Administrative Institutions

The Cost of Prisons

LA Prison Stats – Murder Rates – If NO was a Country

Slides: Employment and Liberty


January 25

Adlaw in the News

More Executive Orders (called memorandum, for an unknown reason)

The Problem of Filling Desks in a New Administration

Citizens For Responsibility And Ethics In Washington v Donald Trump

We will look at this later when we discuss standing.


INS v. Chadha, 462 U.S. 919 (1983)

Rather than using a casebook full of edited cases, we are going to read a smaller number of full text cases because that is what you read in real life. Read this carefully, using the guide to help identify the key issues. I expect class participation in the discussion.

Guide: The Legislative Veto and Separation of Powers

Read Chapter 2, Section III (B)(1) – Appointment (stop at Removal for this class)

Guide: The Appointments Clause

Addenda for last class

Recess Appointments – Article 2, Section 2:

The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.

NLRB v. Noel Canning, 134 S. Ct. 2550 (2014) – allows the senate to determine when it is in session, thus blocking recess appointments.


How a bill becomes a law

Vesting and Take Care Clauses

“The executive Power shall be vested in a President of the United States of America.”  U.S. Const. art. II, § 1.

Article II says that the President, specifically, “shall take Care that the Laws be faithfully executed.”  Art. II, § 3.

Source of domestic power

Art II, sec. 2, cl 2 – the Appointments Clause

“[The President] shall nominate, and by and with the Advice and Consent of the Senate, shall appoint… all other [principal] Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law:

but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.”

Background Reference Materials for Immigration Discussion

1951 Refugee Convention.

This creates the US treaty obligation to take in persons who are fleeing persecution. It is the major limitation on Congress power to control immigration. The procedures on legally entering the country as a political refugee (except for Cuba) are so convoluted that we effectively ignore our treaty obligations. Most enter illegally and then petition for asylum status.

January 18

Required Text: (You can buy these online if they are not available. )

Examples & Explanations: Administrative Law, by Funk, Seamon, 5th ed., 2015 – available online at Amazon and BN.COM.

Additional materials such as cases will be posted on this WWW site. Any proprietary materials will be posted on Moodle. Most class days will include a discussion of Administrative Law in the News. Check the blog the morning before class for any updated news items. I will also provide study materials (modules) for specific topics to help you prepare for class and then consolidate your knowledge after our class discussion. If you have been provided a module as part of your assignment, read it carefully. We may not cover all the included material in class.

Class participation can affect your final grade.

Seating – this is a small class in a big room. Please sit toward the center on the first few rows.

Assignment for January 17th

Read Chapter 1, which is a general introduction to administrative law at the state and federal level. We will have a general discussion of the administrative law system. We will also discuss major changes in administrative law proposed by the new administration and Republican congressional leaders. The first 100 days are going to be an exciting time for administrative lawyers.

Introduction to Administrative Law – Slides

Resource Materials

White House – Executive Orders

Executive Orders back to George Washington

National Security Orders

Are these executive orders?

Statement by the President on Cuban Immigration Policy

Statement by Secretary Johnson on the Continued Normalization of our Migration Relationship with Cuba