Administrative Law

Law 510
Fall 2020
Blake D. Morant
Distinguished Visiting Professor of Law
Kramer Research Professor of Law
bmorant@law.uci.edu

Administrative Support:
Ms. Angie Middleton
Director of Administrative Services for Faculty & Centers
amiddleton@law.uci.edu

Office Hours: Mondays and Wednesdays, 3–4 p.m.

https://uci.zoom.us/j/93751822809

Class Schedule: Monday and Wednesday, 1:15–2:45 p.m.

https://uci.zoom.us/j/93912109575?pwd=QW4zYmFhMDl2YmwwS3B4LzB1elBwUT09

I. Course Description
The study of administrative law constitutes an examination of the role of federal or state agencies
that receive their power from elected officials and, as a result, impact a myriad of rights. The
dynamics of this unique arrangement in a modern democracy focuses upon the proper exercise of
power by these agencies pursuant to their originating statutes and the propriety of their decisions
that affect individual rights.

Administrative agencies control a variety of important matters including, yet not limited to,
professional licensing, utility rate regulation (electricity, gas, telephone, and cable television rates),
governmental procurement actions, labor disputes and arbitrations, business licensing and welfare
benefits. Given the number of rights affected, administrative law comprises a significant dimension
in any lawyer’s practice. While we shall review the rules relevant to administrative agencies,
remember that the cases and controversies include considerations of appropriate legislative,
executive and judicial controls on those agencies’ actions.

II. Course Materials

Asimov and Levin, STATE AND FEDERAL ADMINISTRATIVE LAW, 4th ed. (2014)
(hereinafter referred to as “casebook”). You should also obtain a copy of the hypothetical problem,
“Administrative Law to the Rescue: Social Propriety in the State of Utola,” which is posted on the
Canvas course page.
LAW 510 | Administrative Law Morant | Fall 2020

III. Course Page

Students must use the Administrative Law Canvas course page to submit homework and in-class
assignments. To access the Canvas course page, please follow the instructions below:

A. Visit https://canvas.eee.uci.edu
B. Enter your UCInetID and password
C. Administrative Law LAW 510: Administrative Law | Professor Morant (84491) should
appear on the homepage. If the course does not appear, then click Dashboard on the
left navigation to access the course. If you do not see LAW 510 on your Dashboard,
click on Courses, then All Courses to access the course. Be sure to click on the star
next to Administrative Law so it that will appear in your Dashboard.

To learn more about how to use Canvas, visit https://community.canvaslms.com/docs/DOC-

10701-canvas-student-guide-table-of-contents. If you are still having technical difficulties, email eee-
support@uci.edu with the Canvas course page URL and a screenshot of your issue in the message.

IV. Conduct of the Course

A. This course, which will be conducted online, includes active student engagement with the class
divided into subgroups or “law firms.” Each student will be pre-assigned to a specific firm and the
firms will responsible for spearheading discussion of course materials for a specific class, as well as
address issues and discussion exercises assigned from the hypothetical problem, “Administrative
Law to the Rescue: Social Propriety in the State of Utola.” Please check the Canvas course page to
discover the firm to which you have been assigned.

B. The professor will interview each student. In the interview, the student will discuss: Why has the
student taken this course? What does the student hope to learn in the course? The student’s
professional goals, explaining why the student is pursuing a law degree and providing a general plan
for a professional career after law school. Before the interview takes place, students must submit a
resume and a one-page summary of the responses to the areas to be discussed in the interview.
Students should visit the Canvas page to sign up for an interview, which will last approximately 10 to
15 minutes. All of the interviews will be conducted on Zoom.

C. Midway the course each student will submit a one-, but not longer than two-page commentary on
their progress on the proposed outcomes of the course and report on your work with the members
of your firm (i.e., how the firm organized to accomplished its tasks, description of your individual
contributions to accomplish the firm’s work and comments on the contributions of other members
of the firm). This assignment should be submitted on October 5, 2020.

D. Toward the end of the course each firm will submit a two-page comment on the State of Utola’s
administrative solution to the alleged problems associated with the night clubs and propose any
amendments or changes to this legislation’s solution. This assignment should be submitted on
November 4, 2020.

E. This course includes an open-book final examination.

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V. Learning Outcomes
Upon successful completion of the totality of the course, students should: understand the rigors of
statutory interpretation and appreciate the function of the administrative state with a complex
democracy; hone skills required for effective case analysis; exercise communicative writing and oral
skills; and appreciate and maximize the dynamics of group problem solving.

VI. Evaluation of Student Performance

The following factors will be used to evaluate students’ performance in this course: 1. Class
engagement, to include attendance, participation in class, the midterm progress comment, law firms’
final comment (40%); 2. Interview with the professor, to include the resume and one-page summary
of responses to proposed questions in the interview and performance during the interview (10%)
and 3. Performance on a final, open-book examination (50%).

VII. Attendance
As an attorney, you will be expected to attend required court hearings, conferences, and client
meetings. Similarly, you must be prepared for, arrive on time to, and attend all synchronous and
asynchronous sessions of this class, as well as all other class-related meetings. You must be present
on Zoom for the duration of all synchronous class sessions or class-related meetings; failure to
attend a synchronous class by Zoom for its entire duration counts as an absence. You must also
complete all other required synchronous and asynchronous course activities assigned, including
viewing assigned pre-recorded lectures and completing other assigned learning activities.

UCI Law’s Policy on Attendance and Verification of Student Identity requires you to verify your attendance
at every class session using UCI Law’s secure login and attendance password system
(https://apps.law.uci.edu/attendance) (“UCI Law Attendance App”). Students must sign in to every
class session by entering a “word of the day” that the professor will provide at the beginning of each
class. It is a violation of the Honor Code to share the “word of the day,” to share your UCInetID
credentials with anyone else, to login on behalf of another person to enter the “word of the day” for
them, or to enter the attendance “word of the day” password when you are not present in the online
class session.

If you must miss a class session or other class-related meeting due to an [unavoidable urgent matter
OR illness or family care-related reason], please contact the professor by e-mail before that class
to discuss your absence and request an excused absence. If you are not comfortable explaining the
reason for your absence to me, please contact the Assistant Dean for Student Services, Kyle Jones. I
understand the challenges the COVID-19 pandemic poses for normally expected levels of
attendance. In light of that, I will be reasonably accommodating of illness and family-care related
absences.

If you miss a class, you are responsible for learning the information you missed, including but not
limited to by watching the course recording; accessing any handouts, assignments, or other materials
that distributed in your absence on Canvas or via e-mail; and handing in any assignments that were
due in the class.

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If you experience problems with internet connectivity during a synchronous class session, please
join/rejoin the Zoom class session by phone at the phone number provided together with the
Zoom web link, and contact me after the class to discuss how to make up any portion of the class
session that you missed.

VIII. Camera Policy

Student participation in class with video cameras on greatly enhances the online teaching and
learning experience. Among other things, live video enables the instructor to assess student
understanding more effectively than is possible with video off. It also facilitates community building
and student engagement. In this course, students are required to appear on camera during the
duration of synchronous class sessions and other class-related meetings. If a student cannot appear
on camera, it is the student’s responsibility to explain promptly to me or to Assistant Dean for
Student Services Kyle Jones the reason for not appearing on camera, in advance of the class session
where possible. The professor has the discretion to grant a requested exception to the camera
requirement in a specific class session, or to count the failure to appear on camera as an absence.

IX. Class Recordings

Synchronous class sessions will be recorded, and class recordings will be made available to students.
Class recordings are intended to allow a student to view a class the student missed due to an
unavoidable urgent matter (language used in Academic Rules) OR excused absence. They are not a
substitute for attending class. Watching a class recording after the synchronous class will only count
as having attended that class if I have so indicated in writing.

Please note that student recording of Zoom class sessions by any means is prohibited. Replication,
redistribution, sharing, or posting of a class recording without my express written permission is
strictly prohibited. Students are also prohibited from taking screenshots during Zoom class sessions
and/or pinning photos. Students who violate this policy are subject to disciplinary action under the
Honor Code.

X. Disability Services
UCI affords all students with disabilities equal access under the law. If you are in need of
accommodation under the Americans with Disabilities Act (ADA) or similar statute, you must
contact the Disability Services Center (DSC) at (949) 824-6272, or preferably, complete the intake
form available at this link: https://portal.dsc.uci.edu/intake/. DSC will contact you within five
business days to schedule an appointment with the Law School DSC Counselor.

XI. Academic Integrity

UCI takes academic honesty very seriously. You are responsible for knowing and adhering to the
explicit details of our policies available at the link below:
https://www.law.uci.edu/academics/registrar/academic-rules.html.

You are also responsible for ensuring that your conduct conforms with UCI Law’s Honor Code at
all times (https://www.law.uci.edu/academics/registrar/policies/UCI_Law_Honor_Code.pdf).

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LAW 510 | Administrative Law Morant | Fall 2020

In addition, you are responsible for complying with my specific instructions about the rules
governing each individual and group assignment.

XII. Inclusivity Regardless of Citizenship

The University of California supports all students regardless of immigration status. Thus, this course
will work to make sure that all students feel included and respected in order to best heighten each
student’s academic experience. If you feel that you need assistance because you are affected by either
your immigration status or that of a loved one (family member, parent, friend, partner), please
contact the UCI DREAM Center at dream@uci.edu.

XIII. Student Health and Wellness

Your instructors want you to thrive at UCI, and we believe that your physical and emotional well-
being are the pathways to getting there. We encourage you to do your best to maintain a healthy
lifestyle this semester by eating well, exercising, getting educated about the effects of illicit drugs and
alcohol, getting enough sleep, and taking some time to relax. This will help you achieve your goals
and cope with stress.

All of us benefit from support during times of struggle. You are not alone. There are many helpful
resources available on campus and an important part of the law school experience is learning how to
ask for help.

Here at the Law School, Student Affairs and Student Services are available to help you with personal
and academic advising, counseling, and referrals. Please feel free to reach out to Dr. Jennah Jones,
Assistant Dean for Student Affairs and Inclusive Excellence (jjones@law.uci.edu, 949-824-1304), or
Dean Kyle Jones, Assistant Dean for Student Services (kjones@law.uci.edu, 949-824-1384).

You should also consider reaching out to the Counseling Center (counseling.uci.edu; 949-824-
6457). The Counseling Center provides urgent care/walk-in services, crisis intervention, brief
individual and couples counseling, groups, and workshops on a variety of personal and academic
issues. There is a Satellite Office at the Law School, (and virtual Law School hours during COVID)
where Dr. Diana Chan will provide short-term therapy to help you address your concerns. You can
schedule an appointment with Dr. Chan by calling 949-824-6457. When you call, please specify that
you would like to be seen by Dr. Chan during her virtual Law School hours.

If you are concerned about a life-threatening situation, we encourage you to contact the UCI Police
Department at 9-1-1.

For more information on mental health resources, please visit our

site: https://www.law.uci.edu/campus-life/mental-health/.

XIV. Schedule of Assignments

The assignments designated below comprise a general schedule of topics that we shall cover. Notice
of assignment changes will be given prior to the class in which they are assigned. The amount of
time devoted to each subject area and the order of coverage will likely vary. Some materials may not

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be discussed in class; nonetheless, you will be responsible for all of the assignments noted in class
lectures, which will be posted on Canvas.

The law firms to which students have been preassigned will be responsible for leading the discussion
of materials in the assignments listed below. Each assignment below has the responsible firm listed
in brackets.

Please note that the assignments for the first and second classes (August 17 and 19) of the
course include Nos. 1 and 2 below. All Firms will be responsible for discussion of these
assignments.

INTRODUCTION

1.Administrative Agencies and Administrative Law ....................................................................... pp. 1-13

[ALL FIRMS]

2.Overview of the “State of UTOLA” Hypothetical

[ALL FIRMS]

AGENCY HEARINGS AND ADJUDICATION

3.Constitutional Right to a Hearing ................................................................................................. pp.15-26

(Goldberg v. Kelly, Notes 1-4) [WARREN]

4.Liberty and Property Interests ...................................................................................................... pp. 26-43

(Board of Regents v. Roth, Notes 1-5 and 7; Cleveland Board of Ed. v. Loudermill, Notes 1-8)
[BRANDEIS]

5.Timing .............................................................................................................................................. pp. 44-53

(Mathews v. Eldridge, Notes 1-3) [POWELL]

6.Elements of a Hearing .................................................................................................................... pp.54-68

(Ingraham v. Wright, Notes 1-6) [CARDOZO]

7.Rulemaking-Adjudication Disrinction; Regulations for a Single Entity .................................. pp.65-73

(Londoner v. Denver; Bi-Metallic v. State Board; Anaconda v. Ruckelshaus) [O’CONNOR]

8.Right to a Hearing; Limiting Issues in a Hearing ............................................................ pp.74-80; 93-98

(Dominion Energy v. Johnson, Notes 1-4; Heckler v. Campbell, Notes 1 & 2) [GINSBURG]

9.Institutional v. Judicial Decision- Making .............................................................................. pp. 100-108

(Morgan v. U.S., Notes 1, 2, 4, 5) [MARSHALL]

10.Ex Parte Contacts ......................................................................................................................pp.108-118

(P.A.T.C.O. v. F.L.R.A., Notes 1-3, 5, 6); Separation of Agency Functions and Internal Communication-
Lecture) [MARSHALL]

11.Pre-Hearing-Parties, Investigation .......................................................................... pp. 159-167; 178-79

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(Block v. Ambach, Notes 1-5; ADR) [HARLAN]

12.Hearing Phase .......................................................................................................................... pp. 179-190

(Reguero v. T.S.P.C., Notes 1-8; Lecture-Matlovich v. U.S. Air Force) [KENNEDY]

13.Effect and Consistency of a Decision .................................................................................. pp. 210-213

(U.A.W v. N.L.R.B.; Lecture-Preclusion) [MORANT]

RULEMAKING

14.Introduction-Importance of Rulemaking; Definition of “Rule” and Retroactivity ....... pp. 229-246

(Bowen v. Georgetown Univ. Hospital, No Notes) [HOLMES]

15.Required Rulemaking- Agency Discretion ........................................................................... pp. 399-409

(N.L.R.B v. Bell Aerospace, Notes 1-4, 7; (Megdal v. Oregon State Bd.)) [BRANDEIS]

16.Rulemaking – Initiation .......................................................................................................... pp. 250-257

(Chocolate Manu. Association v. Block, Notes 1-5) [WARREN]

17.Public Participation-Informal Rulemaking .......................................................................... pp. 265-276

(Notes 1-4) [CARDOZO]

18.Public Participation-Formal Rulemaking ............................................................................. pp. 272-286

(U.S. v. FL East Coast RR, Notes 1-5; Vermont Yankee v. N.R.D.C., Notes 1-4) [GINSBURG]

19.Ex Parte Communications and Political Influence ...............................................................pp.289-304

(HBO v. F.C.C.; Sierra Club v. Costle, Notes 1, 4, 5) [POWELL]

20.Findings and Reasonings; Record; Publication ................................................................... pp. 814-815

[MORANT]

21.Regulatory Analysis ................................................................................................. pp. 331-334; 352-354

[MORANT]

22.Exemptions, Petitions and Waivers ..................................... pp. 363-367; 371-373; 393-397; 419-422
(Jifry v. F.A.A., Notes 1,2; Exempted Matter, Notes 1-5; Interpretive Rules, Notes 1-4; Wait Radio v.
F.C.C., No Notes) [HARLAN]

AGENCY AUTHORITY-DELEGATION

23.Control of Agencies-Nondelegation Doctrine .................................................................... pp. 429-443

(Industrial Union Department v. American Petroleum institute; Whitman v. American Trucking Ass’n Inc., No
Notes) [HOLMES]

24.Delegation of Adjudicatory Power (Separation of Powers) .............................................. pp. 460-467

(Commodity Futures Trading Comm. V. Schor, Notes 1-3) [KENNEDY]

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LEGISLATIVE AND EXECUTIVE CONTROL

25.Legislative Controls ................................................................................................................. pp. 469-480

(I.N.S. v. Chadha, Notes 1-4) [MARSHALL]

26.Executive Control ................................................................................................................... pp. 496-500

(Buckley v. Valeo, Notes 1&2) [O’CONNOR]

JUDICIAL REVIEW

27.Scope of Review-Substantial Evidence ................................................................................ pp. 581-592

(Universal Camera v. N.L.R.B., Notes 1-3) [KENNEDY]

28.Independent Judgment, De Novo Review and the “Chevron” Doctrine ...... pp. 596-599; 608-618)
(Chevron U.S.A. Inc. V. N.R.D.C., Notes 1-6) [HARLAN]

29.Policy, Politics and the Hard Look ....................................................................................... pp. 663-676

(Motor Vehicle Manu. Ass’n v. State Farm, Notes 1-4) [HOLMES]

30.Preclusion of Judicial Review and Commitment to Agency Discretion.......... pp. 710-712; 717-723
(Bowen v. MI Academy of Family Physicians, No Notes; Heckler v. Chaney, Note 1) [BRANDEIS]

STANDING AND TIMING

31.Standing ..................................................................................................................................... pp. 753-759

(Ass’n of Data Processing v. Camp, Notes 1&2) [CARDOZO]

32.Timing of Judicial Review ...................................................................................................... pp. 761-767

(FTC v. Standard Oil, Note 1) [CARDOZO]

33.Exhaustion of Administrative Remedies .............................................................................. pp. 769-777

(Portland-Gonzalez v. Sec. of Navy, Notes 1&4) [MARSHALL]

INFORMATION ACCESS

34.Freedom of Information ........................................................................................................ pp. 553-566

(N.L.R.B. v. Sears, Notes 1&2) [WARREN]

35.Sunshine Act ........................................................................................................................... pp. 572-576

[MORANT]

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