COURSE

SYLLABUS
ADMINISTRATIVE LAW
SPRING 2014

INSTRUCTOR INFO

Professor Lisa Heinzerling
Office: McDonough 493
Office phone: 202-662-9115
Email: heinzerl@law.georgetown.edu
Office hours: Tues. 9:00-12:00 and by appointment

REQUIRED TEXT

Gary S. Lawson, Federal Administrative Law (West 6th ed. 2013)
ISBN-13: 978-0-314-28200-2

COURSE WEBSITE

TWEN, no password

Please enroll in the TWEN site as soon as possible, as the site contains the sign-up
sheet for class discussions and will contain the online quizzes for the course.

AIMS OF COURSE

1. There is no more fundamental course in law school than administrative law. This
course introduces you to the modern administrative and regulatory state. You will
come to understand both the tremendous power exercised by administrative
agencies and the significant constraints (legal and political) under which they
operate. You will learn to identify the design features that might make an agency
constitutionally problematic, the factors that make one type of decision-making
framework more appropriate than another, the prerogatives and limits of agencies
in interpreting the statutes they are charged with implementing, and agencies
prerogatives and limits in adjudicating facts and exercising policymaking discretion.
You will also learn to identify the factors that affect the availability and timing of
judicial review of agency action.

2. In-class discussions are aimed at both deepening your understanding of the
assigned materials and offering you repeated opportunities to articulate legal
principles in front of an audience. Being able to speak fluently and comfortably
about legal issues is an essential skill for a lawyer. Regularly scheduled online
quizzes will provide an opportunity to receive ongoing feedback on your
understanding of the issues covered in class discussions. The final exam will assess


your overall understanding of the course and your ability to communicate that
understanding in a written essay.

COURSE REQUIREMENTS

1. Attend class and participate in class discussions.

2. Sign up on TWEN to be on call for one class period during the semester. You
will sign up for a particular class (class 2, class 3, etc.) rather than for a particular
date, in case class is canceled and the dates slip. On the appointed day, please
simply volunteer when I ask questions; this makes the class run more smoothly. I
use this system to encourage everyone to talk in class, to hear a variety of voices in
the classroom, and to ensure that several people are particularly well prepared in
every class session.

3. There will be six online, graded quizzes during the semester. The quizzes will
each consist of ten multiple choice and/or true-false questions. The quizzes will be
given approximately every two weeks and will be administered outside of class,
through TWEN. You will be given a one- or two-day window within which to take
the quizzes once they are available on TWEN. You will receive ample advance notice
of the dates of the quizzes.

4. At the end of the semester, there will be one eight-hour, take-home essay exam.
This exam is scheduled for May 9. The exam will require you to discuss the legal
implications of a factual scenario. If you wish to see the kind of exam I have given in
similar courses in the past, you may consult my exams in section 3s Government
Processes, the first-year elective called the Regulatory and Administrative State, and
the upper-class course in Administrative Law. Note, however, that the coverage for
these courses was not identical to the coverage for this course; in particular,
Government Processes and the Regulatory and Administrative State differed from
this course in many respects.

5. Final grades will be based on the online quizzes (one-third altogether) and final
exam (two-thirds). However, I reserve the right to adjust, upward or downward,
your final course grade based on either exemplary or egregious class attendance
and participation.


COURSE COVERAGE AND READING ASSIGNMENTS

The reading assignments for the course are listed below. Page numbers are from
the required text (Gary Lawson, Federal Administrative Law).


CLASS
TOPIC
ASSIGNMENT
PRINCIPAL CASE(S)
NUMBER
1
INTRODUCTION
1-9, 1141-43

(APA 551)
2
THE DISTINCTION
10-34
Londoner v. Denver; Bi-Metallic
BETWEEN

Investment Co. v. State Board of
RULEMAKING AND
Equalization of Colorado;
ADJUDICATION
Yesler
Terrace
Community
Council v. Cisneros; Association of
Irritated Residents v. EPA
3
THEORIES OF
34-40

AGENCY BEHAVIOR

41-59

INTRODUCTION TO
SEPARATION OF
POWERS
4
AGENCIES AND
59-75, 107-114 Panama Refining Co. v. Ryan;
ARTICLE I:
A.L.A. Schechter Poultry Corp. v.
NONDELEGATION
United States
5
NONDELEGATION
86-107
Industrial Union Dept., AFL-CIO v.
(contd)
American
Petroleum
Inst.
(Benzene)
6
AGENCIES AND
140-143, 178-
Myers
v.
United
States;
ARTICLES II AND III
190, 216-217
Humphreys Executor v. United


States
SEPARATION OF
250-255
FUNCTION AND BIAS
7
FORMAL
256-288, 1147-
United States v. Florida East
RULEMAKING
1151 (APA
Coast Ry.
556, 557)
8
FORMAL
288-306
City of West Chicago v. NRC;
ADJUDICATION
Seacoast Anti-Pollution League v.
Costle; Chemical Waste Mgt. v.
EPA
9
INFORMAL
306-332, 1143-
Vermont Yankee Nuclear Power
RULEMAKING
44 (APA 553) Corp. v. Natural Resources
Defense Council



10

INFORMAL
RULEMAKING
(contd)
INTERPRETATIVE
RULES AND POLICY
STATEMENTS
INFORMAL
ADJUDICATION

THE CHOICE
BETWEEN
RULEMAKING AND
ADJUDICATION
INTRODUCTION TO
SCOPE OF REVIEW

REVIEW OF AGENCY
FACTFINDING

332-362

REVIEW OF AGENCY
LEGAL
CONCLUSIONS:
THEORY AND
HISTORY
REVIEW OF AGENCY
LEGAL
CONCLUSIONS
(contd)
REVIEW OF AGENCY
LEGAL
CONCLUSIONS
(contd)

501-516, 520-
532 (starting at
last paragraph
of p. 520)

17

REVIEW OF AGENCY
DISCRETION AND
POLICYMAKING

697-727

18

REVIEW OF AGENCY
DISCRETION AND
POLICYMAKING
(contd)

727-752, 779-
782

11
12

13

14

15

16

375-390
413-426



426-436,
456

Connecticut Light & Power Co. v.

NRC; American Radio Relay
League v. FCC
United States Telephone Assn v.
FCC; Professionals and Patients
for Customized Care v. Shalala
Citizens to Preserve Overton Park
v. Volpe; Pension Benefit
Guaranty Corp. v. LTV

437- SEC v. Chenery Corp. (Chenery
I); SEC v. Chenery Corp.
(Chenery II)

457-464, 1154
(APA 706)

464-475, 492-
501

532-541, 551-
559, 575-589
641-657, 665-
680

Universal Camera Corp. v. NLRB;
Association of Data Processing
Service Organizations v. Board of
Governors of the Federal Reserve
System
Gray v. Powell; NLRB v. Hearst
Publications; Packard Motor Car
Co. v. NLRB; Skidmore v. Swift &
Co.
Chevron U.S.A. v. Natural
Resources Defense Council;
Christopher v. SmithKline
Beecham; United States v. Mead
FDA v. Brown & Williamson
Tobacco Corp.; National Cable &
Telecommunications Assn v.
Brand X Internet Services; United
States v. Home Concrete & Supply
Industrial Union Dept, AFL-CIO v.
Hodgson; Motor Vehicle
Manufacturers Assn v. State
Farm Mutual Automobile Ins. Co.
Puerto Rico Sun Oil Co. v. EPA;
Massachusetts v. EPA; Judulang v.
Holder



19

PRESIDENTIAL
CONTROL OF
AGENCY DECISION
MAKING
DUE PROCESS:
INTRODUCTION

1192-1207,
1213-1215

E.O. 12866; E.O. 13563

802-810, 818-
842

21

DUE PROCESS:
ENTITLEMENTS

846-864, 882-
894

22

DUE PROCESS:
WHAT PROCESS IS
DUE
INTRODUCTION TO
AVAILABILITY OF
REVIEW

PRECLUSION OF
REVIEW


COMMITTED TO
AGENCY
DISCRETION
STANDING

895-897, 900-
923

Bailey v. Richardson; Joint Anti-

Fascist Refugee Committee v.
McGrath; Cafeteria & Restaurant
Workers Union, Local 473, AFL-
CIO v. McElroy; Goldberg v. Kelly
Board of Regents of State Colleges
v. Roth; Perry v. Sindermann;
Town of Castle Rock v. Gonzales
Mathews v. Eldridge; Cleveland
Board of Education v. Loudermill

20

23

24

936-937, 951-
954


955-972



972-980

Block v. Community Nutrition
Inst.; Bowen v. Michigan Academy
of Family Physicians

Webster v. Doe

Lujan v. Defenders of Wildlife;

Friends of the Earth v. Laidlaw
Environmental Services

25

EXHAUSTION

FINALITY

RIPENESS

989-997, 998-
1015 (thus: skip
part III.B of
Lujan majority
opinion)
1053-1056

1069-1076

1086-1105

26

REVIEW LECTURE

NO ASSIGNMENT

FTC Standard Oil Co. of California

Abbott Laboratories v. Gardner;
Toilet Goods Assn v. Gardner;
Ohio Forestry Assn v. Sierra Club