Introduction

Welcome to LSU Law 5402 Summer 2023 – video

Video – How to use the narrated PowerPoint slides

Assignment 1

This assignment is a brief overview of administrative law and the basic organization of agencies.

Read Chapter 1 of the E&E book.

Video – The Scope and History of Administrative Law

PowerPoint – The Scope and History of Administrative Law

Video – What are Agencies and What Do They Do?

PowerPoint – What are Agencies and What Do They Do?

The AEA quiz is posted on the Moodle page. You must complete it by 5 PM, Friday, June 2nd, or risk loss of financial aid and registration in the course.

Assignment 2

Note on Chapter 2

Most of you will have seen some of this material in Constitutional Law I. We are reviewing it to refresh your memory and to look more deeply than you might have done in Constitutional Law.

Part 1

Read Chapter 2 to III. DIFFERENT BRANCHES’ ROLES, p. 41

Video – Chapter 2 – Introduction and The Non-Delegation Doctrine

PowerPoint – Chapter 2 – Introduction and The Non-Delegation Doctrine

Part 2

Read INS v. Chadha, 462 U.S. 919 (1983) – read paragraphs [25] through [45] and  [102] III through [157]. Then scan the list of statutes and orders that included the legislative veto to get a sense of what a sweeping change Chadha made.

This is a good review of the structure of Congress and the legislative process. It also gives us insight into the Court’s balancing the value of a long-standing, seemingly working governmental practice against constitutional concerns.

Read Chapter 2 to 5. Legislative Review and Oversight, p. 49.

Review these short background pieces on the Congressional Review Act:

Congressional Review Act Fact Sheet (2016)

Center for Progressive Reform: The Congressional Review Act

List of Individuals Impeached by the House of Representatives

Read to B. The President, p. 52

Video – Introduction to the Congressional Control of Agencies

PowerPoint – Introduction to the Congressional Control of Agencies

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

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

Video – Congressional Control of Agencies After Chadha

PowerPoint – Congressional Control of Agencies After Chadha

Part 3

Finish reading Chapter 2. The material on a. OMB/EO Review and b. b.Independent Regulatory Agencies (p. 66 – 69) overlaps material on the control of agencies in Chapter 5. We will review the material at that time as part of a comprehensive review of the OMB/OIRA process.

Scan these examples of presidential orders:

President Biden’s executive orders

Archive of declassified national security orders

Video – Presidential Control and the Federal Workforce

PowerPoint – Presidential Control and the Federal Workforce

Video – Principal Officer, Inferior Officer, or Employee?

PowerPoint – Principal Officer, Inferior Officer, or Employee?

Video – Removal of Officers and Presidential Control of Agencies 

PowerPoint – Removal of Officers and Presidential Control of Agencies

The Chapter 2 quizzes are on the Moodle page. They must be completed by the end of the day, June 7th.

General Course Information is Here

News -the exam will be 4 hours.

I have added two optional quizzes with questions that I have used in the past. These are not required, but they will give you a chance to see all of the questions that I have used in previous online administrative law courses.

The exam will be objective questions (multiple choice/true false), no essays. Under the Law School policy, it will be open materials. You must use the Exam4 software. the exam will be loaded as a PDF into the Exam4 program.

Using Exam4 for Multiple Choice Exams

Using Exam4 for Take Home Exams

You can view it in the software or download it to your computer and print it. The software will be set to take-home mode which allows you to use your computer normally during the exam. You have access to everything you would normally have access to on your computer. You are not allowed to cooperate with other people.

The exam is on Friday, 21 July at 8:30AM CDT. If you are not in the central time zone, be sure to pay attention to the time difference so you can start at the same time as everyone else. The exam will be 4 hours.

Once you have read all of the assigned materials, exam prep should focus on the lectures and the PowerPoint slides. The quizzes each week are a sampling of the material covered that week, but are not comprehensive – every week there is material that is not covered by the quizzes.

Study Guides

In previous years, I have prepared study guides for each chapter. These are on the WWW and I am sure some of you have been looking at them. I have edited them so they match the content of this year’s course. These are best viewed in the Outline mode in Word. They are intended to help you recognize the key concepts in each chapter.

Study Guide – Chapter 1 & 2

Study Guide – Chapter 3

Study Guide – Chapter 4

Study Guide – Chapter 5

Study Guide – Wooley & Bonvillian

Study Guide – Chapter 6

Study Guide – Chapter 7

You should also review the material on West Virginia v. EPA and the MQD, which are not covered in this Study Guide.

Study Guide – Chapter 8 (Word) – Study Guide – Chapter 8 (PDF)

Study Guide – Chapter 9

Study Guide – Suing the Government

Reviewing the Quizzes

I have reopened the first 5 week’s quizzes and set the options to show you what the correct answers are when you go through the quiz. You can use these to study for the exam. Your score is already recorded for these quizzes, so taking the quiz again will not change your score. The quizzes will close the night before the exam.