Watch the video, then read the case excerpt.
Video – 2023 Administrative Law Supreme Court Update
Powerpoint – 2023 Administrative Law Supreme Court Update
Edited case – Biden v. Nebraska
Archives for Uncategorized
Adlaw in the News – Sackett update
In an earlier note, I reviewed the Sackett decision on the waters of the US rule, which came down on 25 May. The EPA has just announced that it will a rule amending the January WOTUS rule by 1 Sept 2023. This is really a major rulemaking, not a technical amendment, because Sackett gutted the WOTUS rule. Think about The Regulators and how difficult it is to make a major rule in 3 months!
Week 2 – 5 June
Introduction
Chapter 3 introduces the structure for adjudications and the ALJ system, as well as the informal adjudications that make up most agency adjudications. We are learning the background for adjudications in Chapter 3. In the Wooley Case, we look at the special issues posed by ALJ adjudications under Louisiana law. We will then look more deeply at adjudications in Chapter 4, which looks at the APA and Constitutional due process requirements for agency adjudications. We will revisit these when we read Chapters 6 & 7 on judicial review. The pace is fast – by the end of week 2, we will be at the same place as at the end of a month of the regular term.
APA Resources for general reference:
Federal APA – Administrative Procedure Act (5 U.S.C. Subchapter II)
Louisiana APA – DAL Laws and Rules
Part 1
Read Chapter 3 to III. THE APA PROCEDURES FOR ADJUDICATION, p. 84.
Review the APA sections discussed in this chapter: APA 554 – APA 556 – APA 557
Video – Chapter 3 – Introduction to Adjudications
PowerPoint – Chapter 3 – Introduction to Adjudications
Finish reading Chapter 3.
Video – Agency Adjudications v. Article III Trials
PowerPoint – Agency Adjudications v. Article III Trials
Video – Chapter 3: The APA Procedures for Adjudications – Part 1
PowerPoint – Chapter 3: The APA Procedures for Adjudications – Part 1
Video – Chapter 3: The APA Procedures for Adjudications – Part 2
PowerPoint – Chapter 3: The APA Procedures for Adjudications – Part 2
Part 2
We are going to take a deep dive into Louisiana’s separation of powers and adjudications because Louisiana has a unique approach to the relationship between ALJs and the agency. The Wooley opinion can be confusing because the first part of the opinion, through paragraph 47, lays out the lower court’s ruling. This is because the lower court’s original order is not well organized. I have annotated the case to help you sort out the issues. It is rich in Louisiana’s special flavor of adlaw.
Wooley v. State Farm Fire and Cas. Ins. Co., 893 So.2d 746 (La. 2005) – annotated (best viewed in Word outline mode)
Video – ALJs in the States and the Special Case of Louisiana: Agency Based ALJs versus Central Panel ALJs
PowerPoint – ALJs in the States and the Special Case of Louisiana: Agency Based ALJs versus Central Panel ALJs
Video – Insurance Regulation and the Louisiana Insurance Commissioner
PowerPoint – Insurance Regulation and the Louisiana Insurance Commissioner
Video – The Wooly Case: How the Court Avoided the Separation of Powers Problem
PowerPoint – The Wooly Case: How the Court Avoided the Separation of Powers Problem
This is where we see how the Wooley saga played out and where this leaves adjudications in Louisiana.
Bonvillian Cases: Bonvillian v. Dep’t of Insurance, 906 So.2d 596 (La.App. Cir.1 2005) and after remand and appeal – Bonvillian, round II.
Video – After Wooley: The Bonvillian Cases
PowerPoint – After Wooley: The Bonvillian Cases
Resources for LA Adlaw
Practice materials for summary proceedings in Louisiana
I am providing these materials for those of you interested in the procedural aspects of filing declaratory judgments in Louisiana. These are not exam or quiz materials.
Part 3
Chapter 4 to: 1. Modern Concept of ‘‘Property’’
Read Goldberg v. Kelly Pay particular attention to Justice Black’s dissent.
Resources for Goldberg
TANF – State of Louisiana Information Page
Supplemental Nutrition Assistance Program – State of Lousiana Information Page
Video – Setting the Stage for Administrative Law Due Process
PowerPoint – Setting the Stage for Administrative Law Due Process
Video – Goldberg v. Kelly: Due Process and the New Property
PowerPoint – Goldberg v. Kelly: Due Process and the New Property
Read Chapter 4 to B The Modern Rule (p. 123)
Paul v. Davis list of shoplifters
The list that was at issue in the Paul v. Davis case discussed in the book.
Read the van Heerden Case
van Heerden – Round II, the stigma+ case – LSU settles stigma+ claims.
Warning – the news story is ONLY what the plaintiff’s attorney told the press. LSU did not comment. There is no reason to assume that facts in the story are a full and correct version of what actually happened. More generally, never trust legal opinions on facts – unless the court has appointed an independent expert, the court has no access to an unbiased version of the facts. The opinion usually represents the facts that the judge finds most attractive, based on the judge’s lay knowledge of the subject and personal views. As we will see later in the course when we look at the Katrina cases related to the facts in the news story on van Heerden, the judicial review of the facts in the Katrina cases is at odds with the scientific knowledge of why New Orleans flooded.
Video – Chapter 4 – The Employment Cases
PowerPoint – Chapter 4 – The Employment Cases
Video – Chapter 4 – Introduction to Liberty Interests
PowerPoint – Chapter 4 – Introduction to Liberty Interests
Video – Chapter 4 – Liberty Interests in Prisons
PowerPoint – Chapter 4 – Liberty Interests in Prisons
This completes the assignments for Week 2.