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Allen Shoenberger

Title/s:  Administrative Law S. 1

Office #:  (Law 221-001) M W 6:00pm-7:30pm; Online

Email:

About

This course will survey Administrative Law with emphasis on federal administrative law.  The objectives include that you become familiar with the structure and context of administrative law.  You will acquire a familiarity with the Federal APA and will be able to apply it to practical situations that a lawyer is likely to confront. Basic principles of Constitutional law will also be covered as they apply to administrative law.
I reserve the right to alter the syllabus at any time.

Administrative Law: Fall  2022
Casebook Rogers, Healy,  Krotoszynski, & Barnett
Administrative Law, 5th Ed. 2021 (Aspen Publishers)ISBN 9781543825886

Week of Aug. 15
WednesdayOverview of Agencies
1-18
Londoner v. Denver
Bi-Metallic Investment Co. v. State Board
Read carefully 18-25
Theory applied problem p. 25

Week of  August 22
Monday
Adjudication
Brief intro to Procedural Due Process
Bailey v. Richardson
Goldberg v. Kelly
27-39

Wednesday
Procedural D.P. continued
Board of Regents v. Roth
Perry v. Sinderman
Paul v. Davis
Mathews v. Eldridge
39-70

Week of  August 29
Monday
Cleveland Bd of Education v. Loudermill
Note on Goss v. Lopez
Note on Town of Castle Rock v. Gonzales
Ingraham v. Wright
70-91

Wednesday
Kerry v Din
Note on Summary Deprivations of Property
Theory applied Problem
Federal APA: skim Appendix B pp801-816,  and esp 501, 553, 554, 555, 556, 557
825-827
91-112

Week of Sept 5
Monday no class

Wednesday
Seacoast Anti-Pollution League v. Costle
Participation as Parties and Amicus
113-121

Week of Sept 12
Monday
Evidence and Proof issues
Richardson  Perales
Note on Burdens of Production and Persuasion
Combination of Functions
Withrow v. Larkin
Antoneau v. SEC
122-149

Wednesday
Schweiker v. McClure
Bias
Theory Applied problem 157
Ex parte Contacts
First Savings & Loan v. Vandygriff etc
Estoppel v. Gov.
Schweiker v. Hansen
150-171

Week of Sept. 19
Monday
Document disclosure, FOIA, and Open Meetings
Note on FOIA
Note on Gov. in Sunshine
171-179
Rulemaking
National Petroleum Refiners v. FTC
Note on APA requirements for rulemaking
Bowen v. Georgetown Univ. Hosp.
181-199


Wednesday
Notice & Comment Rulemaking
Chocolate Manufacturing Assn v. Block
U.S. v. Nova Scotia Food Products
Note on concise general statement
Theory Applied prob. 220
Bias in rulemaking
199-222

Week of Sept. 26
Monday
Exceptions to informal rulemaking
Texas v. U.S.
Warder v. Shalala
Theory applied Problem 246
222- 251

Wednesday
Note on other exceptions
Hybrid & Negotiated RM
Florida East Coast
Vermont Nuclear Yankee
252-274

Week of Oct. 3
MondayNote on Hybrid RM
Note on Additional Generic Requirements
& Alt. Dispute Resolutions (skim)
Theory Applied prob. P. 272
SEC v. Chenery (II)
274-292

Wednesday
NLRB v. Wyman Gordon
NLRB v. Bell Aerospace Co.
Avoidance through Rulemaking
Heckler v. Campbell
292-307
Need an agency obey its rules?
Wilson v. Comm’rs of Social Security

 Week of Oct. 10
Monday
Judicial Review
Scope of Review of Fact
NLRB v Universal Camera Corp.
Scope of Review of Law
Cabinet for Human Resources v. Jewish Hospital
Skidmore v. Swift
495-516

Wednesday
Chevron USA v. NRDC
MCI Telecom. V. AT&T
US v. Mead Corp.
516-549
West  Virginia v. E.P.A.

Week of Oct. 17
Monday
Note on Mead and Ossification
Kisior v. Wilkie
Decker v. Northwest E.D.F.
Notes on Nonacquiescence
Note on distinguishing Q of Fact and Law
Scope of Review of exercise of Discretion
Citizens to Preserve Overton Park v. Volpe
549-581

Wednesday
Note on Arbitrary and Capricious standard & Hard look doctrine
Motor Vehicle Manufacturers Ass’n v. State Farm Mutual Ins. Co.
Note on relationship between Arb. or Capricious Review sand
Chevron Step 2 analysis
AFL-CIO v. Marshall
Note on Harmless Error in Admin. Process
Theory applied problem 604
581-606

Week of Oct. 24
MondayReview of Scope of Review
King v. Burwell
606-617
Cause of Action, Reviewability, Jurisdiction, Immunity
Note on Judicial Review as a Civil Action
Note on Money Damage Suits
617-624

Wednesday
Johnson v. Robison
Bowen v. Michigan Academy of Family Physicians
Webster v. Doe
Note on Heckler v. Chaney & Mass. V. EPA
624-649

Week of Oct. 31
Monday
Standing
Lujan . Defenders of Wildlife
FEC v. Akins
Standing in Qui Tam actions
650-670

Wednesday
Spokeo v. Robins
Note on Redressability
Adapso v. Camp
Note on Agency Capture
Air Couriers
NCUA v. First National
670-706

Week of Nov. 7
Monday Fall break

Wednesday
Bennett v. Spear
Theory applied problem 717
Finality
U.S. Corps of Engineers v. Hawkes
Note on finality
Ripeness
Abbott Labs v. Gardner
Toilet Goods v. Gardner
706-741

Week of Nov. 14
Monday
Note on Statutory Time Limits, Exhaustion
McCarthy v. Madigan
Darby v. Cisneros
Ramsey v. Comm’r of Social Security
Scope of Judicial review for Unlawful Agency Action
Review of Scope of Review and Reviewability
Dept. of Commerce v. N.Y.
741-784


Wednesday
Conforming Agency Practice to Article III
Crowell v. Benson
Northern Pipeline Construction v. Marathon
Thomas v. Union Carbide
CFTC v. Shor
Note on 7th Amendment
315-354

Week of Nov. 21
Monday
Nondelegation
Schechter Poultry & Panama Refining
Whitman v. American Trucking Assns.
Note on Mistretta v. U.S.
Gundy v U S
Note on Congressional Delegation of Power to a Private Entity
Theory Applied Problem
354- 380

Wednesday
Legislative Veto
INS v. Chadha
380-415
Power to appoint and remove
Buckley v. Valeo
Myers v. U.S
Morrison v. Olson
407-416
422-435
438-454

review session on date to be agreed upon

Day and Time (CST): M_Wed 6:00-7:30
Date and Time of Final Examination: TBD
The class will be on line.


Zoom Office Hours
I want to be as available to you as possible. Please feel free to contact me at ashoen1@luc.edu
If you would like to ask a question about the class material. If you would like to meet with me in person, please e-mail me with some available times so that we can coordinate a mutually acceptable time for a Zoom meeting.

Privacy Statement
Assuring privacy among faculty and students engaged in online and face-to-face instructional activities helps promote open and robust conversations and mitigates concerns that comments made within the context of the class will be shared beyond the classroom. As such, recordings of instructional activities occurring in online or face-to-face classes may be used solely for internal class purposes by the faculty member and students registered for the course, and only during the period in which the course is offered. Students will be informed of such recordings by a statement in the syllabus for the course in which they will be recorded. Instructors who wish to make subsequent use of recordings that include student activity may do so only with informed written consent of the students involved or if all student activity is removed from the recording. Recordings including student activity that have been initiated by the instructor may be retained by the instructor only for individual use.

Excused absences: Students that are ill or have other unforeseen circumstances should seek an excused absence from the instructor. Students that are provided an excused absence .
Students who regularly miss class violate ABA rules and may be precluded from completing the final requirements for the course
Technology Expectations
You are expected to use Loyola's email system, which can be accessed
at: https://outlook.luc.edu/ to communicate electronically with your instructor and peers.
Your Loyola ID and password is your main resource for accessing Loyola systems. The Password Self-Service systems allows students, faculty, and staff on the University network to reset their own network password quickly and independently.
Go to: http://www.luc.edu/its/services/password-self-service.shtml to learn more and to manage your password.
All students are required to utilize Zoom to access live-recorded course lectures. In addition, your instructor may require you to access course materials provided through a learning management system such as Sakai or TWEN. It is expected that students will access and submit assignments and other coursework via the designated learning management system or as otherwise directed by the instructor.
Students may require additional technology support. The Information Technology Services (ITS) Help Desk provides general technology support. Please note that while the ITS Help Desk provides extended hours of support, it is not a 24-hour service. To learn more about Help Desk services and the hours of operation please go to: http://www.luc.edu/its/helpdesk/.

Required Materials
(1) Casebook listed above
(2) Supplements through Locus
(3) Problems distributed through Locus

Course Description
The class will provide an overview of administrative law with particular emphasis upon federal administrative law.

The goals of the class are to familiarize students with the constitutional underpinnings of administrative due process.  By the end of the class students should have become familiar with the structure and content of the federal Administrative Procedure Act and be able to employ its provisions as tools in litigation, both litigation in the form of traditional case proceedings and also in rulemaking procedures.  This overview will include methods of seeking review of administrative agency decisions, both statutory and non statutory.

During the class various problems will be examined in detail, including problems from the casebook and problems handed out in class. 
Students in this class will become equipped with essential knowledge of the law in the area of Administrative Law with emphasis on federal law, and with particular attention to issues implicating Constitutional Due Process and Administrative Procedure Act.  Some consideration of other constitutional areas will also be included such as Article III, Separation of Powers.  In the end, however, Administrative law involves very practical issues of client representation om situations which are not one off ones (i.e. fender bender episodes never likely to be repeated).
In addition, students will develop fundamental lawyering skills, including those of: “an ability to evaluate strategies for solving problems,” “an ability to analyze and apply legal rules and principles,” as well as doctrinal competence. It is expected that students will develop competence in utilizing the tools provided for in the APA to represent the interests of their future clients.  Practical problems will be distributed in class for which an opportunity to provide written responses will be encouraged.

Responsible and Respectful Class Participation:
Loyola University Chicago School of Law is a responsible and respectful, professional learning community. Responsible class participation requires regular and punctual attendance, as well as the use of the internet and social media only as a tool to assist in the learning that takes place in the class. Respectful class participation requires students to be open to the ideas and viewpoints expressed by others in the class, and to engage in a conversation that challenges those viewpoints and ideas without personal attacks or demeaning comments. Law school classroom discussions often involve difficult and controversial topics. In our learning community, students feel comfortable sharing their different perspectives and experiences with each other, knowing that their classmates will respect those perspectives and experiences. If students foresee that a particular topic that we will be discussing is likely to retrigger in them a traumatic experience, they should let me know, and we can discuss whether an excused absence from that particular class discussion would be appropriate.
Prepared and Engaged Class Participation:
Class preparation and participation is an essential part of the law school experience, as well as a good introduction to the realities of legal practice in which you will often be asked to deliver an opinion orally. Consequently, I may call on students randomly to respond to questions concerning the reading, or hypotheticals presented in class. This questioning is intended to aid you in improving oral communication skills. I also encourage you to listen respectfully to the questions and comments of your classmates.
Diversity Statement
It is our intent that students from all backgrounds and perspectives be well-served by this course, that students' learning needs be addressed both in and out of class, and that the diversity that the students bring to this class be viewed as a resource, strength and benefit. It is our intent to present materials and activities that are respectful of diversity: gender identity, sexuality, disability, age, socioeconomic status, ethnicity, race, nationality, religion, and culture. Your suggestions are encouraged and appreciated. Please let your lead instructor or workshop facilitator know ways to improve the effectiveness of the course for you personally, or for other students or student groups.
Supportive Services for Students
During the semester, if you find that health problems, life stressors or emotional difficulties are interfering with your academic or personal success, and you are therefore finding it difficult to cope or to complete your academic work, please consider contacting the Wellness Center. Healthcare services, crisis intervention, time-limited individual counseling, and group therapies are free of charge and strictly confidential, having nothing to do with your educational records. You can make an appointment online using the links provided at https://luc.edu/wellness/about/hours/. You may also call 773-508-2530 for counseling appointments or 773-508-8883 to speak with a nurse about medical concerns. More information is available at http://www.luc.edu/wellness. If your medical or mental health condition requires ongoing academic accommodations, please register with Student Accessibility Services [https://www.luc.edu/sac/] and provide me with a copy of your accommodation letter.
As an instructor, I am considered a Responsible Campus Partner (“RCP”) under
Loyola’s Comprehensive Policy and Equitable Resolution Procedures for Discrimination, Sexual Misconduct, and Retaliation (located at www.luc.edu/equity).
University’s Title IX Coordinator.
The purpose of these reporting requirements is for the University to inform students who have experienced sexual/gender-based violence of available resources and support. Such a report will not generate a report to law enforcement (no student will ever be forced to file a report with the police). Furthermore, the University’s resources and supports are available to all students even if a student chooses that they do not want any other action taken. Please note that in certain situations, based on the nature of the disclosure, the University may need to take additional action to ensure the safety of the University community. If you have any questions about this policy, you may contact the Office for Equity & Compliance at equity@luc.edu or 773-508-7766.
Accommodations for Students with Disabilities
Loyola University provides reasonable accommodations for students with disabilities. Any student requesting accommodations related to a disability or other condition is required to register with the Student Accessibility Center (SAC), located in Sullivan Center, Suite 117. Students will provide professors with an accommodation notification from SAC, preferably within the first two weeks of class. Students are encouraged to meet with their professor individually in order to discuss their accommodations. All information will remain confidential. For more information or further assistance, please call 773.508.3700.

Assessments of Student Learning
Your final grade will be calculated based on: the Final Exam as modified by possible credit for responses to problems.

Final Exam: Open book in classroom exam

Class discussion will focus primarily on highlights of the materials; not every case, or note that has been assigned will be discussed in class. You are responsible for completing all of the assigned readings, regardless.

The American Bar Association requires regular attendance.

The final examination will consist of three one hour essay questions, one of which will be an assigned problem already discussed in class.  Failure to attend classes obviously risks failure to participate in this discussion.

During the term various problems will be assigned.  If any student submits a written response to the question before we discuss them in class, I will review and respond to those submissions.  Up to three problems may be submitted by each student. At the end of the semester, those three or fewer responses will constitute a possible basis for enhancing a grade by one step,  i.e. B to B+.  Exams, however, continue to be by examination number and all such enhancements shall be conducted through the registrar’s office after the final exam is graded.
Zoom Office Hours
I want to be as available to you as possible. Please feel free to contact me at ashoen1@luc.edu if you would like to ask a question about the class material. If you would like to meet with me in person, please e-mail me with some available times so that we can coordinate a mutually acceptable time for a Zoom meeting.
How to Access Zoom
1. Getting Started with Zoom:
o You are required to use Zoom in this course, so take the time to familiarize yourself with it by thoroughly reading all of the materials and the step-by-step instructions provided to you and accessible on the Loyola Law webpage here.
Recording of Zoom class meetings
In this class software will be used to record live class discussions. As a student in this class, your participation in live class discussions will be recorded. These recordings will be made available only to students enrolled in the class, to assist those who cannot attend the live session or to serve as a resource for those who would like to review content that was presented. All recordings will become unavailable to students in the class when the course has concluded. The use of all video recordings will be in keeping with the University Privacy Statement shown below.
Excused absences: Students that are ill or have other unforeseen circumstances should seek an excused absence from the instructor. If you are unable to logon to your Zoom class at the start time, then please email your instructor as soon as possible and reach out for technical support for assistance logging on. Students who regularly miss class violate ABA rules and may be precluded from completing the final requirements for the course.
Technology Expectations
This course will require the use of technology. Students are required to use technology to access course content, to complete and submit assignments and to communicate with the instructor and other students.
You are expected to use Loyola's email system to communicate electronically with your instructor and peers in the class.
Your Loyola ID and password is your main resource for accessing Loyola systems. The Password Self-Service systems allows students, faculty, and staff on the University network to reset their own network password quickly and independently.
Go to: http://www.luc.edu/its/services/password-self-service.shtml to learn more and to manage your password.
All students are required to utilize Zoom to access live-recorded course lectures. In addition, your instructor may require you to access course materials provided through the University- supported learning management system, Sakai. It is expected that students will access and submit assignments and other coursework via the designated learning management system or as otherwise directed by the instructor.
Students may require additional technology support. The Information Technology Services (ITS) Help Desk provides general technology support. Please note that while the ITS Help Desk provides extended hours of support, it is not a 24-hour service. To learn more about Help Desk services and the hours of operation please go to: http://www.luc.edu/its/helpdesk/.