| No. | Date | Topics | Guest Speaker(s) | Readings | Comments and Reference Materials |
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| 1. | Jan. 21, 2015 | Introduction | Our text will be Eskridge et al's Legislation and Regulation. Unless otherwise noted, all page references below are to Eskridge. Lecture |
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| 2. | Jan. 26, 2015 | The Federal Legislative Process | pp. 1-37 Reading bench email Lecture |
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| 3. | Jan. 28, 2015 | The Texas Legislative Process |
Guest Lecture by Donna Wardof, Harris County legislative coordinator (invited) |
PowerPoint
Lecture |
The Art of Statutory Construction by R. Beal Models of Statutory Interpretation Applied to Your Practice by the Honorable A. Hedges |
| 3. | Jan. 28, 2015 | Structure of Statutes |
pp. Reading bench email Lecture |
Review Questions |
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| 4. | Feb. 2, 2015 | Statutory Interpretation by Courts -- Introduction | pp. Reading bench email Holy Trinity statutory language Lecture |
Review Questions |
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| 5. | Feb. 4, 2015 | Text-Based Tools | pp. Reading bench email Lecture |
Review Question | |
| 6. | Feb. 9, 2015 | Textual Canons of Construction | pp. Reading bench email Lecture |
Review Question |
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| 7. | Feb. 11, 2015 | Linguistic Canons | pp. Reading bench email Lecture |
Review Questions Linguistic Canons PowerPoint |
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| 7. | Feb. 16, 2015 | Whole Act Canons and Whole Code Canons | pp. Lecture |
Sample Problem |
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| 8. | Feb. 18, 2015 | Substantive Canons: Rule of Lenity and Rule of Constitutional Avoidance | pp. Reading bench email Lecture |
Review Questions | |
| 10. | Feb. 23, 2015 | Substantive Canons: Rule of Constitutional Avodance (cont'd) and Federalism Clear Statement Rule | pp. Reading bench email Lecture |
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| 10. | Feb. 25, 2015 | Substantive Canons: Presumption Against Preemption of State Law and Statutory Tools on Preemption | pp. Reading bench email Preemption provision from federal Clean Air Act, 42 U.S.C. sec. 7604(e) (skip the rest of section) Lecture |
Review Questions | |
| 11. | March 2, 2015 | Absurd Results Doctrine, Administrative Necessity and Incremental Implementation Doctrine | Coalition for Responsible Regulation of Industry v. EPA, D.C. Cir. (2013) Denial of request for en banc review and dissents, Coalition for Responsible Regulation of Industry v. EPA Supreme Court Amicus brief of Kansas, et al. There is no audio for this lecture because the file was corrupted. |
Statutory Interpretation Central to Arguments in the U.S. Supreme Court Greenhouse Gas Case, 37 BNA Daily Env't Rpt A-11 - A-12 (Feb. 2, 2014) |
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| 12. | March 4, 2015 | Intent and Purpose-Based Tools: Legislative History | pp. Lecture |
Review Questions and Survey. | |
| 13. | March 9, 2015 | Tools for Considering Changed Circumstances | pp. Lecture Reading bench memo |
Review Questions and Survey. 26 U.S.C. 501(c)(3) |
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| 14. | March 11, 2015 | Guest Lecture by Justice Brett Busby (14th Cir. Ct. Apps., Tex) and a federal trial or appellate judge. They will discuss the way judges construe statutes and the substantive value of textual aproaches. Class will take place in Krost Hall at 9:00 am. We have combined all three Statutory Interpretation Sections for this special session. |
Please email any questions that you would like to pose to the judges in advance to me at tdheste2@central.uh.edu . Lecture |
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| 15. | March 16-18, 2015 | SPRING BREAK | |||
| 16. | March 23, 2015 | Agencies in the Structure of Modern Federal Government | pp. Lecture There is no reading panel for today's class opening our discussion of regulatory practice. |
Mid-Course Survey |
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| 17. | March 25, 2015 | Delegation to Agencies
Statutory Implementation by Agencies |
pp. Lecture |
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| 18. | March 30, 2015 | Notice-and-Comment Rulemaking
Tools for Statutory Implementation -- Chevron |
pp.
Lecture |
Request for Contested Case Hearing |
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| 19. | April 1, 2015 | Modes of Agency Interpretation -- Economic Analysis and Cost-Benefit Analysis |
pp. Lecture |
Murray Energy v. McCarthy (filed March 24, 2014 in N.D. W.Va. federal district court) |
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| 20. | April 6, 2015 | Modes of Agency Interpretation -- Scientific Analysis and Risk Assessment |
pp
Lecture |
Cultural Cognition of Risk excerpt |
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| 21. | April 8, 2015 | Modes of Agency Interpretation -- Political Analysis Agency Adjudication and Use of Guidance |
pp. Lecture |
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| 22. | April 13, 2015 | Control of Agency Action -- Presidential Control |
pp.
Lecture |
Memorandum from Rahm Emanuel re Regulatory Review (Jan. 20, 2009) |
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| 23. | April 15, 2015 | Control of Agency Action -- Congressional Control |
pp.
Lecture |
EPA Employment Impact Analysis Act Why Regulatory Practice Matters. |
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| 24. | April 20, 2015 | Standing and Reviewability of Agency Actions
Judicial Control of Agency Action -- Agency Policymaking and Statutory Interpretation |
pp. Reading Bench Memo for Remainder of Semester Lecture |
Administrative Procedure Act sections 701, 702, 706
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| 25. | April 22, 2015 | Judicial Control of Agency Action -- Agency Statutory Interpretation (cont'd) | pp. Article on Alt v. EPA (oral argument set for 4th Cir. in May 2014) Lecture |
Concurrences in Decker v. Northwest Environmental Defense Center |
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| 26. | April 27, 2015 | Availability of Judicial Review of Agency Action | pp.
Lecture
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Pending FDA proposed rule to regulate electronic cigarettes (Fall 2013 Unified Regulatory Agenda) Credible Fear Lesson Plan Overview (Feb. 28, 2014) - see pp. 14-15. Memorandum from John Lafferty, Chief of Asylum Division, re Release of Updated Asylum Training Course (Feb. 28, 2014) |
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| 27. | April 29, 2015 | Availability of Judicial Review of Agency Action (cont'd) | pp.
Lecture
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Proposed Regulation, Deeming Tobacco Products Subject to Regulation Under the Food, Drugs and Cosmetics Act (Electronic Cigarettes), Food and Drug Administration, Fed. Reg. (April 24, 2014) C. Sunstein, Chevron Step Zero, 92 Virginia Law Rev. -- (2006) South Texas Project storage pond |
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| 28. | TBA | Voluntary Review Session Deadline to submit email questions: May 6 at 10:00 pm. I will circulate a global answer to those emails on May 7 to the entire class (unless you ask me to keep your question confidential). |
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Final exam will take place on May 8, and is scheduled from 9 am to noon on the master calendar. |
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