Administrative Law 200 -- Fall 2003

This document was last modified on Aug 15, 2003

M,T,W 11:00am-11:55
Rm. 408
Mr. Froomkin, Tel. 284-4285

There is one required book for the course: Gellhorn & Byse's Administrative Law (Revised 10^th Ed. Strauss, Rakoff & Farina).
Please note that the 10th edition contains many changes from its predecessors. You might be able to get away with an un-Revised 10th edition, but there is NO WAY you can make do with a 9th edition or earlier.

I also recommend, but do not require, that you acquire a copy of Thomas O. Sargentich, Administrative Law Anthology.

There most probably will be a small photocopied "materials" packet available later in the semester.

Class Policies are available in a separate document

Course Outline

In a perfect world, the average reading load for material of this complexity would be about twenty pages per class hour, adjusted up or down usually for difficulty or conceptual coherence. We don't live in that world. The 10th edition of this book is hundreds of pages longer than the 9th, reflecting both the reality of the increasing complexity of the subject, and the authors' mostly successful attempt to add some explanatory material to help you sort it all out. The assignments below tend to be more like thirty pages per class hour. I would expect that you should be able to read 30 pages with sufficient care in about three hours, but sometimes it may take longer. Therefore, you should probably plan to read ahead over the weekends. To help you plan, I've marked a few assignments with a [!] to indicate that they are either especially long or complex. In an effort to provide a 'soft landing' I've saved Chapter 2 -- which is perhaps the easiest (and which repeats things you may have already learned in Con Law I) -- to the end. Similarly, Chapter IX, although not the easiest, also repeats some things you may have learned in Con Law I, and that is next-to-last.

As this is a new edition of the book, any syllabus must be regarded as somewhat tentative.

Class
Chapter Pages
Assignments include all notes unless otherwise indicated

1
Chapter I: AN INTRODUCTION TO ADMINISTRATIVE LAW
§§ 2-4
7-23, 29-34
NOTE ESP. p. 34

2
Chapter III: PROCEDURAL FRAMEWORKS FOR ADMINISTRATIVE ACTION
Fundamental Categories: Londoner; Bi-Metallic
The Fundamental Statute: The APA
238-262 (note 1)
264-269 (notes 1-2)

3
Continued.

A few words on separation of powers from Chapter 2
271-75 (you'll probably want to read this again, later)
63-83
[Optional: skim Whitman v. American Trucking, 48-55]

4
Chapter IV: THE PROCEDURAL CATEGORIES IN ACTION: ADJUDICATION
Initial Hearings in Formal Adjudication
322-351

5
Evidentiary Issues & Findings
351-374

6
The Presiding Officer
374-393

7
Role and Role Conflicts
393-423

8
Role (cont)
423-438, 441 note 4 - 456

9
Role (cont) & Informal Adjudication 456-470, 470-478 -

10
Chapter V: THE PROCEDURAL CATEGORIES IN ACTION: RULEMAKING
Intro to sec. 553 and Vermont Yankee 484-507 !

11

Vermont Yankee's aftermath and significance
507-524

12

Nova Scotia, Independent Tankers v. Dole, USWAG v. EPA
524-556

13
SEC v. Chenery Corp (and its aftermath)
556-574

14
Retroactivity & Adjudication
Proactive Elimination of Issues
574-586
586-596

15

596-627

16

627-663 [!]

17

663-684

18

684-705

19

705-732

20
catch up [if needed]

21
Chapter VII: PROCEDURAL DUE PROCESS: CONSTITUTIONAL CONSTRAINTS ON ADMINISTRATIVE DECISIONMAKING § 1: Rights/Property and Goldberg
767-800

22
§ 2: What interests trigger DP protection? Roth/Perry & Meachum 800-837 [!]

23
What process is due, and when.
837-851

24
(cont)
851-884

25
Post-Deprivation remedies
884-901

26
Chapter VIII: SCOPE OF REVIEW OF ADMINISTRATIVE ACTION 902-936 [!]

27
Universal Camera, Allentown Mack
936-965

28
Facts (& burdens - Greenwich Collieries) 965-973, 269-71, 973-989

29

Overton Park
989-1002

30
State Farm
1002-1026

31
Chevron and afterwards 1026-1051

32
Mead Data & after 1068-1098 [!]

33
Chapter IX: OBTAINING JUDICIAL REVIEW: ACCESS TO COURT TO CHALLENGE AGENCY ACTION OR INACTION 1099-1138 [!]

34
Lujan & after
1139-1162

35

Zones of interest
1162-1181

36
Preclusion, Committed to agency discretion by law
1181-88, 1196-1228

37

Timing of Review
1229-1257

38
Chapter II: AGENCIES AND THE STRUCTURAL CONSTITUTION 109-116, 121-127, 133-138, 138-160

39

161-191

40

191-222

41

222-238

Class	Chapter	Pages Assignments include all notes unless otherwise indicated
1	Chapter I: AN INTRODUCTION TO ADMINISTRATIVE LAW §§ 2-4	7-23, 29-34 NOTE ESP. p. 34
2	Chapter III: PROCEDURAL FRAMEWORKS FOR ADMINISTRATIVE ACTION Fundamental Categories: Londoner; Bi-Metallic The Fundamental Statute: The APA	238-262 (note 1) 264-269 (notes 1-2)
3	Continued. A few words on separation of powers from Chapter 2	271-75 (you'll probably want to read this again, later) 63-83 [Optional: skim Whitman v. American Trucking, 48-55]
4	Chapter IV: THE PROCEDURAL CATEGORIES IN ACTION: ADJUDICATION Initial Hearings in Formal Adjudication	322-351
5	Evidentiary Issues & Findings	351-374
6	The Presiding Officer	374-393
7	Role and Role Conflicts	393-423
8	Role (cont)	423-438, 441 note 4 - 456
9	Role (cont) & Informal Adjudication	456-470, 470-478 -
10	Chapter V: THE PROCEDURAL CATEGORIES IN ACTION: RULEMAKING Intro to sec. 553 and Vermont Yankee	484-507 !
11	Vermont Yankee's aftermath and significance	507-524
12	Nova Scotia, Independent Tankers v. Dole, USWAG v. EPA	524-556
13	SEC v. Chenery Corp (and its aftermath)	556-574
14	Retroactivity & Adjudication Proactive Elimination of Issues	574-586 586-596
15		596-627
16		627-663 [!]
17		663-684
18		684-705
19		705-732
20	catch up [if needed]
21	Chapter VII: PROCEDURAL DUE PROCESS: CONSTITUTIONAL CONSTRAINTS ON ADMINISTRATIVE DECISIONMAKING § 1: Rights/Property and Goldberg	767-800
22	§ 2: What interests trigger DP protection? Roth/Perry & Meachum	800-837 [!]
23	What process is due, and when.	837-851
24	(cont)	851-884
25	Post-Deprivation remedies	884-901
26	Chapter VIII: SCOPE OF REVIEW OF ADMINISTRATIVE ACTION	902-936 [!]
27	Universal Camera, Allentown Mack	936-965
28	Facts (& burdens - Greenwich Collieries)	965-973, 269-71, 973-989
29	Overton Park	989-1002
30	State Farm	1002-1026
31	Chevron and afterwards	1026-1051
32	Mead Data & after	1068-1098 [!]
33	Chapter IX: OBTAINING JUDICIAL REVIEW: ACCESS TO COURT TO CHALLENGE AGENCY ACTION OR INACTION	1099-1138 [!]
34	Lujan & after	1139-1162
35	Zones of interest	1162-1181
36	Preclusion, Committed to agency discretion by law	1181-88, 1196-1228
37	Timing of Review	1229-1257
38	Chapter II: AGENCIES AND THE STRUCTURAL CONSTITUTION	109-116, 121-127, 133-138, 138-160
39		161-191
40		191-222
41		222-238