| date | unit | subject | assignment |
| 1/12 | 1 | state/local inspection - agency action? | Inspection problem; related materials on Web for first day |
| 1/14 | 2 | background, description | 1-50 (emphasize 1-30); APA §551(1) [casebook p.1133] |
| Congress | |||
| 1/21 | 3 | role of statutes, delegation, vagueness | 51-79; language for hypos |
| 1/26 | 4 | legislative veto | 79-100 |
| 1/28 | 5 | delegation of adjudicatory authority | 101-114 |
| 2/2 | 6 | statutory precision, irrebutable presumptions; Delaney clause | 114-140; telco Bill of Attainder case |
| 2/9 | 7 | techniques of legislative and executive control | 140-159 (skim);
Acquaint yourself with the following materials for 2/9; read them more carefully before 2/11 and 2/16 classes: Constitutionality of trade disputes panels: NAFTA constitutional issues; WTO constitutional issues; ACCT case; Constitutionality of multinational military engagements Presidential Decision Directive 25; Winner article; Hoskins article |
| 2/11 | seminar in comparative institutions - 1745-2100 10th Floor Events Room,; buffet dinner | Abbott "echo" February, 1998; review international materials assigned for 2/9 | |
| 2/16 | 8 | executive supervision; appointment power | 160-195; international hypo |
| 2/18 | 9 | Congr power to limit executive control | 195-229 |
| 2/23 | techniques of executive control | 229-265; Exec.Ord.12866; [optional] OMB report on regulation; War Powers Resolution [will be used in class] | |
| Adjudication | |||
| 2/25 | 12 | intro, Friendly list, Goldberg, M. v. Eldridge | 266-303 |
| 3/2 | no class | ||
| 3/4 | 13 | interests protected - Roth, Perry, Loudermill | 303-334 |
| 3/9 | 14 | fed stat. hearing rights | 334-352; comparison of procedural
due process, APA requirements and Fed.R.Civ.P.--chart;
[use in class: yamasaki.html] |
| 3/11 | 15 | roadmap of record, sep of functions | 352-373; APA §§554-557; CDA language for class dicsussion |
| 3/16 | 19 | controlling adjudication through rulemaking; obligation to follow rules | 397-414; 567-570; fuel consumption chart (for class); note on procedural rules; note on age 60 rule |
| Rulemaking | |||
| 3/23 | 20 | rulemaking - intro, authority to make | 417-431 |
| 3/25 | 21 | informal RM procedure | APA § 553; 431-432; 437; 440-481; [to be used in class] HHS organ transplant proposed rule |
| makeup | complete by last day of class | 1. find a notice of proposed rulemaking
in the Federal Register or on an agency Web page 2. write and submit a comment to the agency 3. send a copy to HHP 4. you *may* work with *one* other person; if you do, submit to HHP a statement saying what work each person did. you can look at sample comments filed with the FCC to get an idea as to format |
|
| 4/6 | 22 | negotiated rulemaking; sources of info and analysis; hearings; politics & rationality - ex parte contact | 486-495; 571-576, 1171-1178; 495-533 (Vt Yankee and other cases); Federal Advisory Committee Act (for use in class); adsl diagram |
| 4/8 | 25 | making policy without rules; through adjudication Chenery | 542-559 adsl diagram - revised |
| Judicial Review | |||
| 4/13 | intro; Overton Park;
interp. of law |
703-740; NCUA v. First Nt'l Bank & Trust (defer standing sections); Allentown | |
| 4/15 | 30 | facts & substantial evidence; science, policy, Benzene case | 740-785 |
| 4/20, 4/22 | no class | ||
| 4/27 | 32 | availability of review | 785-816; NCUA v. First Nat'l Bank & Trust (concentrate on standing sections) |
| 4/29 - makeup
|
33 | review lecture |