last revised: 24 Mar 2004
 
 


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Some of these assignments are subject to minor revision as the semester proceeds.

All "CB pp." page references are to the casebook, GELLHORN AND BYSE'S ADMINISTRATIVE LAW, by Strauss et al. (rev. 10th ed., 2003; Foundation Press).

My plan is to cover one assignment per day and to average 20-25 pages per day for 40 days.  The editors are fond of long law review excerpts in the notes that follow the principal cases.  These can be skimmed; I will emphasize the ones in class that I think are particularly significant.

Assignment CB pp. Comments
1 1-13, 26-34 Intro to Administrative Law
2 276-94 Information-gathering
3 294-321 Rights to refuse cooperation with information demands
4 238-51 Fundamental procedural categories of administrative action
5 252-76 APA - a first look (may be 2 classes)
6 322-51 Seacoast; participation in adjudication
7 351-66, 369-74 Evidentiary issues; findings (quickly)
8 374-84, 393-407 Administrative adjudicators
9 407-33 Complications of decision at the top; PATCO
10 443-70 The roles of the President and outside world
11 35-55 American Trucking
12 56-77 Historic and intellectual framework of "delegation"
13 118-38 7th amendment issues; public/private rights distinction
14 138-57 Appointments, removals, and executive power
15 158-76 Same
16 483-510 Rulemaking begun; sec. 553 and its interpretation
17 510-40 Same
18 540-56 Sec. 553 requirements concluded
19 556-78 "Choosing" a mode
20 578-96 Same
    If we stay on schedule, we should finish Assignment 20 on February 27, which is our 21st class (the midpoint in the semester).  Thus, my tentative plan is to have the midterm exam during the week of March 1-5 and to have it cover the first 20 assignments.
21 596-609, 627-38 Public participation in initiating rulemaking
22 609-27 Presidential participation in initiating rulemaking
23 191-22 Constitutional issues respecting presidential controls over rulemaking
24 638-63 Impact analysis
25 663-84 Decision process in rulemaking
26 684-705 Decision process in rulemaking
27 705-32 Publication rules
28 PowerPoint slides (if you don't have PowerPoint, you can download free viewer here)

PDF version

 If we stay on schedule, we should finish Assignment 27 on March 22.  My tentative plan is to give the in-class research lecture on Wednesday, March 24, and to hand out the research problem(s) at that time.  Due date will be one week later - i.e., March 31.
29 902-15, 921-36 Scope of review begun; sec. 706
30 936-65 Review of factual determinations
31 965-78 Review of factual determinations
32 978-1000 Historical building blocks; review of the exercise of discretion
33 1000-26 Same
34 1026-51 Chevron
35 1051-68 MCI
36 1068-83 Mead
37 1083-98 Same; wrap up judicial review
38 1099-1112, 1118-28 Overview of methods of obtaining judicial review; standing
39 1128-62 Standing concluded
40 1181-1206, 1218-28 Reviewability
41 1229-57 Timing issues (exhaustion, finality, ripeness)

This page is the sole responsibility of Tom Mayo, not Southern Methodist University.
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 Last updated: 24 March 2004