boyer_fall_2003 - September 2 2003 Barry Boyer email info...

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September 2, 2003 Barry Boyer email info – [email protected] 645-3989 Rm. 520 Lois Spetzman 718 - when and how can an agency sue you à this about suing a government - try to knock out a govt. decision you don’t like - on what grounds can we sue an agency for the rights they decided for us? - Problem 6-6 on page 557 - Most class discussions will apply the Administrative Procedure Act applied to hypos - Go to websites and secondary sources - this year, starting with something more familiar - starting with what happens when agencies adjudicate cases - adjudication at level of administrative procedure act (major procedural issues) à due process à judicial review à discovery tools in the administrative act (freedom of information act, sunshine act, etc.) - body of statutory and case law that gives you access to info - 3 rd section = in November, considering how you get into court - For next class : hot policy issue = what should govt. employees do and what should be contracted out to out-sources? What should govt. do on its own and what should be contracted away? - 10% of course grade = participation - examination = rest of grade (4 hr., open book) - administrative procedure act will be on the final à the other statutes are important but may not be on the final - Boyer = a clerkship in DC sparked interest in judicial review cases à then went to Federal Trade Commission and the Justice Department à think-tank on administrative procedure - Most areas = deal with bureaucracies - Still in this with environmental law Power point presentation - themes - this a procedural course – think of it as a code of “civil procedure” for the Bureaucratic state
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- came in around World War II à influenced by New Deal Era - turning over large amounts of power to agencies without regulation - govt. attorneys had to defend price controlling à then they realized the rules were revoked/ amended out of existence - now have the fed. registrar to publish rules - fed. rules of civ. Procedure are slightly different from admin. law. Admin law is trickier - sources of complexity: o many and diverse agencies o combining many functions – adjudicating disputes, spending, regulating, establishing policy o with varying kinds of accountability – have higher courts, professional sanctions that are rarely enforced o trying to wear “one size fits all” procedures – politically involved o with changing politics, mandates and personnel (think about transition from Clinton to Bush, or think of policy changes since 9/11) - Task: design a short, simple code of procedure for: o Medicare reimbursements o Immigration and naturalization service o The US board of Geographic names o Regulating the market of therapeutic drugs and herbal supplements o Federal prisons o Grants for schools o Internal revenue service o National Labor Relations Board o US Fish and Wildlife Service o Nuclear Regulatory Commission o Bureau of Indian Affairs o Antitrust Merger Reviews (if large companies want to merge – justice
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This note was uploaded on 04/27/2010 for the course LAW 840 taught by Professor Tim during the Spring '10 term at University of Louisville.

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boyer_fall_2003 - September 2 2003 Barry Boyer email info...

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