Administrative Law Homepage

Syllabus

Administrative Law Syllabus

How to Read Court Cases Handout on understanding the basic elements of court cases.

Course Readings

• How to read a court case Handout on understanding the basic elements of court cases
• Elements of a Case Brief Explanation of a case brief, with a sample brief of Roe v. Wade.

Constitutional Basis of the Bureaucracy: The NonDelegation Doctrine and "an intelligible principle"

• J.W. Hampton v. U.S.
• Mistretta v. U.S.
• Whitman v. American Trucking Association

Political Control of Agencies

Executive Branch Oversight
• U.S. v. Perkins
• Myers v. U.S.
• Humphrey's Executor
• Morrison v. Olson
• Executive Order 12866

  Legislative Branch Oversight

• Bowsher v. Synar
• INS v. Chadha
• Buckley v. Valeo

Agency Discretion under the Enabling Statute

• Deference to Agency interpretation:Chevron v. NRDC
• Exceeding agency authority: FDA v. Brown and Williamson
• Agency refusal to act: Massachusetts v. EPA

Administraive Procedures Act (APA)

Agency Rulemaking

• APA procedures: Vermont Yankee Nuclear Power Corp. v. NRDC
• Notice and Comment: Chocolate Manufacturers v. Block (4th Cir. 1985)
• Notice and Comment: Air Transport Assn of America v. FAA (D.C. Cir. 2002)
• Deference to Agency rules: Skidmore v. Swift and Co.
• Hearing necessity: Bi-Metallic Investment Copmany v. State Board of Equalization

Agency Adjudication

• Due Process: Notice and an opportunity to be heard: Goldberg v. Kelly
• Due Process for deprivation of "property": Mathews v. Eldridge
• Litigant standing: Lujan v. Defenders of Wildlife
• Hearing necessity: Londoner v. City and County of Denver
• "Hard Look" at agency decisions: Citizens to Perserve Overton Park v. Volpe
• Judicial Review of adjudication (substantial evidence): Universal Camera Corp. v. NLRB