Professor Peter Woll's

Politics 117a, Administrative Law

Fall 2007

Class Assignments Part III

Class Assignments Part II

Class Assignments Part I

Nov. 14-23

Obtaining Judicial Review: Access to Court to Challenge Agency Action or Inaction

Nov. 28-Dec. 13

Scope of Review of Administrative Action

CHAPTER IX Obtaining Judicial Review: Access to Court to Challenge Agency Action or Inaction 1099


Sec.

1. Methods of Obtaining Judicial Review 1100

a. Special Statutory Review 1101

b. General Statutory Review 1104

c. "Nonstatutory" Review 1107

(i) Damages Actions 1107

(ii) Specific Relief: Injunctions, Declarations and the Prerogative Writs 1109

Sec.

1. Methods of Obtaining Judicial Review-Continued

(iii) Special Problems of Suing States to Enforce Regulatory Obligations: State Sovereign Immunity and the Eleventh

Amendment 1112

d. Interim Relief 1116

Nov. 8-10

2. Standing to Invoke Judicial Review 1117

a. Overview: The Contemporary Doctrinal Framework 1118

Allen v. Wright 1118

Note 1126

b. What Sort Of Interests Count? 1128

Association of Data Processing Service Organizations, Inc. v. Camp 1129

Note 1126

(i) “Injury in Fact” 1139

Lujan v. Defenders of Wildlife 1139

Notes 1147

Federal Election Commission v. Akins 1155

Notes 1160

(ii) "Arguably Within the Zone of Interests Protected or Regulated by the Law Invoked" 1162

National Credit Union Administration v. First National Bank & Trust Co. 1163

Notes 1171

c. Traceability and Redressability 1172

Allen v. Wright : , 1172

Notes 1172

Notes on the Relationship Between Defining the Injury and Finding Causation 1176

Nov.15-17

3. Reviewability: Agency Actions Subject to Judicial Scrutiny 1181

Abbott Laboratories v. Gardner 1182

Note 1188

a. § 701(a)(1): Statutory Preclusion of Review 1188

Block v. Community Nutrition Institute 1188

Bowen v. Michigan Academy of Family Physicians 1192

Notes on Implied Preclusion of Review 1196

Notes on Express Preclusion of Review 1200

b. § 701(a)(2): "Committed to Agency Discretion by Law" 1209

Webster v. Doe 1209

Notes 1216

Notes on Reviewability of Agency Refusals to Act 1218

Note on the Constitutionality of Precluding Review 1224

4. The Timing of Judicial Intervention 1229

Ticor Title Insurance Co. v. Federal Trade Commission 1229

Notes on Exhaustion of Administrative Remedies 1238

Notes on Finality 1246

Notes on Ripeness 1252

Nov. 22-29

5. Actions for Damages as a Form of Review 1257

a. Damages Actions Against Government Officials 1258

North American Cold Storage Co. v. Chicago 1258

Butz v. Economou 1258

Notes 1268

b. Damages Actions Against Government Entities 1278

(i) The Federal Tort Claims Act 1278

Sec.

5. Actions for Damages as a Form of Review-Continued

Berkovitz v. United States 1280

United States v. Gaubert 1284

Note 1289

(ii) The Tucker Act 1289

(iii) Section 1983 1290

Owen v. City of Independence 1291

Notes 1297

CHAPTER VIII Scope of Review of Administrative Action 902

Sec.

1. Perspectives on the Practice of Judicial Review 903

a. Some General Claims 903

b. A Judge's Point of View 904

Harry T. Edwards, The Judicial Function and the Elusive Goal of Principled Decision-making 904

Note 906

c. What the APA Provides 907

5 U.S.C. § 706 Scope of Review 907

Notes 907

2. The Baseline Norm of Legal Regularity 908

a. Consistency of Application 908

Shaw's Supermarkets, Inc. v. National Labor Relations Board 908

Notes 912

Butz v. Glover Livestock Commission Co., Inc. 915

Notes 919

b. Consistency of Rule Declaration 921

Stieberger v. Heckler 922

Notes 929

3. Judicial Review of Agency Factual Determinations 936

Universal Camera Corp. v. National Labor Relations Board 940

Notes 948

Allentown Mack Sales and Service, Inc. v. National Labor Relations Board 953

Notes 963

Sec.

3. Judicial Review of Agency Factual Determinations-Continued

Association of Data Processing Service Organizations, Inc. v. Board of Governors of the Federal Reserve System 965

Notes 970

Note on the Special Problem of Reviewing "Constitutional" or

"Jurisdictional" Facts 973

4. Judicial Review of Agency Determinations Beyond the Facts 978

a. Historical Building-Block Cases 978

National Labor Relations Board v. Hearst Publications, Inc. 979

Notes 984

Skidmore v. Swift & Co. 985

Notes 987

Transitional Note 988

b. The Present-Day Framework 989

Citizens to Preserve Overton Park, Inc. v. Volpe 989

Notes on the Particular Proceedings 995

Notes on Decision-Makers' Mental Processes 996

Notes on Overton Park's Standard of Review 1000

Motor Vehicle Manufacturers Association of the United States, Inc. v. State Farm Mutual Automobile Insurance Co. 1002

Notes on the Scope and Significance of State Farm 1012

Notes on the Wisdom (or not) of the State Farm Approach 1017

Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc. 1026

Notes on the Notoriety of Chevron 1032 .

Notes on the Meaning of Chevron 1033

Notes on the Wisdom of Chevron 1040

Notes on the Impact of Chevron 1045

A Final Thought on Chevron 1051

MCI Telecommunications Corp. v. American Telephone and Telegraph Co. 1052

Notes on MCI's Approach to Statutory Interpretation 1060

Notes on Broader Views of MCI 1064

United States v. Mead Corporation 1068

Notes on What Meads Means 1081

Notes on What Mead Applies To, and How 1084

Notes on Estoppel 1088

Notes on the Early Academic Returns on Mead 1089

Department of Housing and Urban Development v. Rucker 1091

Notes 1096

5. The Best There Is on Judicial Review 1098

Louis L. Jaffe, Judicial Control of Administrative Action 1098

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