The Columbus School of Law
THE CATHOLIC UNIVERSITY OF AMERICA
Administrative Law 261, Sec. N-1
Spring 2012
(MW 6:20 – 7:35 p.m.) Room 305
Professor Donna Coleman Gregg
202-319-6299
gregg@law.edu
Required Text: MASHAW, MERRILL, AND SHANE, ADMINISTRATIVE LAW: THE
AMERICAN PUBLIC LAW SYSTEM (6TH EDITION, 2009) (“MMS”)
Supplemental materials including articles and decisions will be distributed as warranted by
significant developments during the semester.
The reading assignments listed below for each class represent a general guideline as to the order
of topics to be covered and how much emphasis will be devoted to each topic. They are subject
to slight adjustment as the course progresses. Although we will try to cover all the reading
within a class or so of the dates it is assigned, I am trying to build in some flexibility to spend
more time on particular areas if warranted and to discuss breaking developments that occur. If
we deviate from the printed reading schedule, I will announce the revised readings for the next
lecture at the end of each class, post the change on TWEN, and e-mail the change to the class.
Date (Class 1):
Mon., January 9, 2012
Topic/ Issues:
COURSE INTRODUCTION
Admin Law 261: Conduct and Logistics of the Course
Lecture and Discussion: Why Study Administrative Law? An
Introduction to the American Public Law System and “the Administrative
State”
Class Preparation: Give some thought to how the federal agencies comprising the pervasive
“Administrative State” in which we live touch your everyday life. Specifically, on a day prior to
the first day of class, try to identify and jot down at least a dozen examples of how federal
agencies play a role in your normal daily activities. Bring your list to class. We’ll discuss this
in class and create a composite list to revisit at the end of the semester.
Date (Class 2):
Weds., January 11, 2012
Topic/ Issues:
ADMINISTRATIVE LAW “BIG PICTURE”
MMS 1-39: INTRODUCTION TO ADMINISTRATIVE LAW
 What (and where) is Administrative Law?
 U.S. Public and Administrative Law
 The Architecture of an Administrative Agency
 Critique and Reform of Administrative Government
** Please complete the student information and agency team preference form that was
distributed in class on Mon, Jan. 9, and it to class on Jan. 11.
Date:
Mon., January 16, 2012
NO CLASSES – Rev. Martin Luther King, Jr. Birthday
Date (Class 3):
Weds., January 18, 2012
Topic/ Issues:
LEGISLATIVE CONTROL OF AGENCY ACTIONS
 Delegations of Lawmaking Authority
o Non-Delegation Doctrine
o Consequences of Statutory Vagueness and Precision
Class Preparation: MMS App. A 1371-76, U.S. Constitution Art. I (§§ 1, 7 & 8)
MMS 72-77, notes on Panama Refining Co. v Ryan, Schecter
Poultry Corp. v United States, and Yakus v. United States
MMS 78-88, Amalgamated Meat Cutters v. Connally, Economic
Stabilization Act, and note 1
MMS 127, Introduction to Statutory Precision
MMS 13-40, Public Citizen v. Young
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Date (Class 4):
Topic/ Issues:
Mon., January 23, 2012
LEGISLATIVE CONTROL OF AGENCY ACTIONS
 Legislative Veto
 Other Means of Control
Class Preparation: MMS 107, Introduction
MMS 108-119, Immigration and Naturalization Service v. Chadha
MMS 121(Note 5) -127: Congressional Review Act, Sunset Laws,
and Appropriations Riders
Date (Class 5):
Weds., January 25, 2012
Topic/ Issues:
LEGISLATIVE CONTROL OF AGENCY ACTIONS
 Pervasive Instruments of Legislative Control
Class Preparation: MMS 150-68
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Administrative Procedure Act
Freedom of Information Act
Government in the Sunshine Act
Federal Advisory Committee Act [Add cite]
Privacy Act
National Environmental Policy Act
Regulatory Flexibility Act
Paperwork Reduction Act
Ethics in Government Act
Inspector General Act
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Date (Class 6):
Mon., January 30, 2012
Topic/ Issues:
EXECUTIVE SUPERVISION OF AGENCY ACTION AND
POLICY
 President’s Power to Appointment and Remove Administrators
Class Preparation: MMS App. A, 1377-88, U.S. Constitution, Article II, §2
MMS 177-84, Commentary
MMS 185-91, Buckley v. Valeo
MMS 216-28, Humphrey’s Executor
Date (Class 7 ):
Weds., February 1, 2012
Topic/ Issues:
EXECUTIVE DIRECTION AND SUPERVISION OF
AGENCY ACTION AND POLICY
 President’s Authority to Direct Agency Policy
`
Class Preparation: MMS, 253-69 Commentary
MMS 278-83 Commentary
MMS 283-87 Environmental Defense Fund v. Thomas
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Adminstrative Law 261 Spr 2012
Date (Class 8 ):
Mon., February 6, 2012
Topic/ Issues:
QUIZ – Legislative and Executive Control of Administrative Agencies
AGENCY ADJUDICATION
 Introduction
Class Preparation: MMS 307-13 Commentary
MMS 313-25 Commodities Futures Trading Comm. v Schor
Date (Class 9 ):
Weds., February 8, 2012
Topic/ Issues:
AGENCY ADJUDICATION
 Timing and Elements of Due Process
Class Preparation: MMS 325-32 Commentary
MMS 332-39 Goldberg v. Kelly
MMS 347-55 Mathews v. Eldridge
MMS 360-66 Hamdi v. Rumsfeld
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Date (Class 10 ):
Mon., February 13, 2012
Topic/ Issues:
AGENCY ADJUDICATION
 Interests Protected by Due Process
Class Preparation: MMS 376-78 Commentary
MMS 378-84 Board of Regents v. Roth
MMS 384-91 Perry v. Sinderman
MMS 391-408 Cleveland Bd of Education v. Loudermill
Date (Class 11):
Weds., February 15, 2012
Topic/ Issues:
AGENCY ADJUDICATION§§
 Statutory and APA Hearing Rights
Class Preparation: MMS App. C 1396, APA §§ 554(a)
MMS 408 Commentary
MMS 408-17 U.S. v. Florida East Coast Railway Co.
MMS App. C 1393-94, APA § 551 (4), (6), and (7) (definitions)
MMS App. C 1396-97, 1398-1402, APA §§ 554, 556-557
MMS 423-27 Commentary
MMS 427-34 Richardson v. Perales
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Adminstrative Law 261 Spr 2012
Date (Class 12):
Mon., February 20, 2012
Topic/ Issues:
AGENCY ADJUDICATION
 Managing and Avoiding Adjudication
MMS App. C 1405-07, APA §§ 1305, 3105, 3344, 5372, 7521
MMS 455-57, Commentary
MMS 457-61 Nash v. Califano
MMS 467-71, Heckler v. Campbell
MMS 476 - 80, Airline Pilots Ass’n v. Quesada (and notes 1 and 2)
Date (Class 13):
Weds., February 22, 2012
Topic/ Issues
AGENCY RULEMAKING
 Introduction
Class Preparation: MMS App C 1395-99, APA §§553 , 554, and 556
MMS 496, 515-18 Commentary
MMS 531-536 National Tire Dealers & Retreaders Ass’n Inc. v. Brinegar
MMS 530-47 Motor Vehicle Manufacturers Ass’n of U.S., Inc. v.
State Farm Mutual Automobile Insurance Co.
Review rules for rulemaking proceedings for your team’s agency
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Adminstrative Law 261 Spr 2012
Date (Class 14):
Mon., February 27, 2012
Topic/ Issues:
AGENCY RULEMAKING
 Exceptions from Rulemaking Process
 Informal Rulemaking Process
Class Preparation: MMS App. C 1395, APA §533(a)
MMS 567-73 U.S. v. Nova Scotia Food Products Corp
MMS 597-608 Sierra Club v. Hostel
MMS 609-17 Ass’n of National Advertisers v. FTC
Date (Class 15):
Weds., February 29, 2012
Topic/ Issues:
AGENCY RULEMAKING
 Hybrid Rulemaking
 Other Requirements
Class Preparation: MMS 609-17 Ass’n of National Advertisers v. FTC
MMS 581-88, Vermont Yankee Nuclear Power Corp. v Natural Resources
Defense Council, Inc.
MMS 639-47 Commentary
March 5 and 7, 2012
SPRING BREAK – NO CLASSES
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Adminstrative Law 261 Spr 2012
Date (Class 16):
Mon., March 12, 2011
Topic/ Issues:
QUIZ: AGENCY ADJUDICATION AND RULEMAKING
Date (Class 17):
Weds., March 14, 2012
Topic/ Issues:
JUDICIAL REVIEW OF AGENCY ACTION: REVIEWABILITY
 Reviewability
 Statutory Preclusion
 Decisions Committed to Agency Discretion by Law
Class Preparation: MMS 894-99 Commentary
MMS 899-910 Johnson v. Robison
MMS 914-16 Commentary
MMS 916-926 Webster v. Doe and note 1
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Dates (Classes, 18 ,19, 20 and 21): Mon., March 19, 2012, Weds. March 21, 2012,
Mon., March 26, 2012, and Weds., March 28, 2012
Topic/ Issues:
REVIEWABILITY
1.
Class Preparation:
Timing: Finality, Ripeness, and Exhaustion
MMS 982-83 Commentary
MMS 983-90 Dalton v. Specter
MMS Commentary (990--97)
MMS 997-1004 Abbott Laboratories v. Gardner
MMS 1004-09 Toilet Goods Ass’n v. Gardner
MMS App. C 1404, APA §704
MMS 1014-18 commentary
2.
Class Preparation:
Standing
MMS 1025-32 Commentary
MMS 1033-35 Association of Data Processing Service
Organizations, Inc. v. Camp
MMS 1036-39 Commentary
MMS 1047-57 Sierra Club v. Morton and notes 1-2
3.
Class Preparation:
Causation, Redressability and Public Actions
MMS 1075-84 Commentary
MMS 1084-97 Lujan v. Defenders of Wildlife
MMS 1101-13 Massachusetts v. Environmental Protection
Agency and notes 1-4
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Date (Class 22):
Mon. April 2, 2012
QUIZ: REVIEWABILITY
Date (Class 23):
Weds. April 4, 2012
Topic/ Issues:
JUDICIAL REVIEW OF AGENCY ACTIONS: SCOPE OF
REVIEW: Introduction, Presumptive (but limited) Review,
Questions of Law
Class Preparation:
MMS 793-98 Commentary
MMS App. C 1402-05, APA §§ 701-706
MMS 798-812 Citizens to Preserve Overton Park and notes
Mon., April 9, FINAL DAY, EASTER RECESS
NO CLASSES
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Adminstrative Law 261 Spr 2012
Date (Class 24):
Weds., April 11, 2012
Topic/ Issues:
SCOPE OF REVIEW: Questions of Law
Class Preparation:
MMS 812-19: Chevron U.S.A. v. Natural Resources Defense
Council, Inc.
Note: YOU CAN’T PRACTICE ADMINISTRATIVE LAW
WITHOUT KNOWING THIS CASE!!!
MMS 819-35: United States v. Mead Corp. and notes 1-3
Date (Class 25):
Mon., April 16, 2012
Topic/ Issues:
SCOPE OF REVIEW: Substantial Evidence Test
MMS 846-48 Commentary
MMS 848-52 NLRB v. Hearst
MMS 852-60 Commentary
Date (Class 26):
Weds. April 18, 2012
Topic/ Issues:
SCOPE OF REVIEW:
Recent Cases (TBD)
Class Preparation: TBD
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Adminstrative Law 261 Spr 2012
Date (Class 27):
Mon., April 23, 2012
GUEST SPEAKER
Date (Class 28):
Weds., April 25, 2012
Topic/ Issues:
FINAL CLASS WRAP-UP AND REVIEW
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Adminstrative Law 261 Spr 2012
COURSE POLICIES:
Grading: Final grade will be determined as follows: Final exam (70%), 3 quizzes (10% each).
The final exam will be closed book and will consist of one section of multiple-choice questions,
and one section of essay questions, including one fact-based analysis problem. I reserve the right
to raise or lower the final grade by one-half letter grade (e.g., B+ to A or B) based on students’
class preparation and participation.
Other Policies:
 Laptops may be used in the classroom for note-taking only.
 In the interest of free and open class discussion, in-class audio-taping generally is not
permitted but can be arranged with advance permission in special circumstances
causing a prolonged absence.
 Attendance is mandatory. Students will be required to initial an attendance sheet at
each class. If you do not sign in, you will be considered absent. Absences are
governed by the Law School’s attendance policy (see Academic Rule Section V in
the Announcements).
 I will announce my regular office hours at the first class and post them on TWEN. I
will also meet with students by appointment.
 Additional reading material and other information will be communicated to students
in class, by direct e-mail, or on the course TWEN site.
ACADEMIC HONESTY POLICY: The Rules of Professional Conduct for Law Students (Honor
Code) applies to conduct of law students from the time a student registers in the law school until
graduation. The Rules of Professional Conduct for Law Students are located in the Announcements and
posted to the web. Allegations of violations of these rules, including allegations of academic dishonesty,
may be brought before the Honor Board for investigation and possible adjudication. In addition to the
Law School Honor Code, students are also bound by the University’s Academic Honesty policy found at
http://policies.cua.edu/academicundergrad/intergrity/procedures.cfm.
Academic honesty is expected of all students. Neither the Law School nor the University will tolerate
violations of academic honesty
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