| No. | Date | Topics | Guest Speaker(s) | Readings | Comments and Reference Materials |
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| 1. | January 14, 2013 | Introduction | Bressman et al., The Regulatory State, preface Unless otherwise noted, all page references below are to Bressman. |
Safe Parks and Responsible Vehicle Operation Act Houston Chronicle article on interpretation of wind power tax credit legislation |
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| 2. | January 16, 2013 | The Legislative Process | pp. 89-106 |
Texas Legislative Process Flowchart | |
| 3. | January 21, 2013 | NO CLASS - MLK Holiday |
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| 4. | January 23, 2013 | Structure of Statutes | Skim pp. 106 -129 for sense of structure and format of statute and committee report pp. 129-139, 156-173 |
Presidential proposals for control of gun violence Tracing of Firearms in Connection with Criminal Investigation |
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| 5. | January 28, 2013 | Agencies in the Structure of Modern Federal Government |
pp. 1-34 |
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| 6. | January 30, 2013 | Delegation to Agencies |
pp. 139-156 |
Agenda for Session of Texas Commission of Environmental Quality |
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| 7. | February 4, 2013 | Statutory Interpretation by Courts -- Introduction | pp. 175-188 |
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| 8. | February 6, 2013 | Text-Based Tools | pp. 189-201 | Statutory Interpretation Textual Tools Wiki |
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| 9. | February 11, 2013 | Textual Canons of Construction |
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| 10. | February 13, 2013 | Linguistic Canons | pp. 213-227 |
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| 11. | February 18, 2013 NO CLASS ON WEDNESDAY, FEB. 20 |
Whole Act Canons and Whole Code Canons |
pp. 227-239 |
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12. |
February 22, 2013 at 9:00 am, in BLB 209 |
Substantive Canons: Rule of Lenity and Rule of Constitutional Avoidance |
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| 13. | February 25, 2013 |
Substantive Canons: Rule of Constitutional Avoidance (cont'd) and Federalism Clear Statement Rule |
pp. 262-275 |
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| 14. | February 27, 2013 | Substantive Canons: Presumption Against Preemption of State Law and Statutory Tools on Preemption
Absurd Results Doctrine |
North Carolina v. Tennessee Valley Authority (pp. 301-306) Preemption provision from federal Clean Air Act, 42 U.S.C. sec. 7604(e) (skip the rest of section). pp. 275-285 |
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| 15. | March 4, 2013 | Guest Lecture by Justice Brett Busby (14th Cir. Ct. Apps., Tex) and Judge Lee Rosenthal (S.D. Tex.). They will discuss the way judges construe statutes and the substantive value of textual aproaches. Class will take place in Krost Hall at 10:30 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 .
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| 16. | March 6, 2013 | Intent and Purpose-Based Tools: Legislative History |
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| NO CLASS - SPRING BREAK |
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| 16. | March 18, 2013 | Tools for Considering Changed Circumstances |
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pp. 317-331, 356-363 |
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| 17. | March 20, 2013 | Statutory Implementation by Agencies |
pp. 400-431 |
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| 18. | March 25, 2013 | Tools for Statutory Implementation -- Chevron |
pp. 431-451 |
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| 20. | March 27, 2013 | Modes of Agency Interpretation -- Economic Analysis | pp. 483-493, 495-509 | Optional -- Federalist Society debate on role of economics in environmental regulation. Debate set for noon, Tuesday, March 26. |
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| 21. | April 1, 2013 | Modes of Agency Interpretation -- Scientific Analysis | pp. 460-483 |
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| 22. | April 3, 2013 | Modes of Agency Interpretation -- Political Analysis Agency Adjudication and Use of Guidance |
pp. 509-515 pp. 520-539 |
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| 23. | April 8, 2013 | Control of Agency Action -- Presidential Control | pp. 571-600, 615-617 |
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| 24. | April 10, 2013 | Control of Agency Action -- Congressional Control | pp. 617-639 |
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| 25. | April 15, 2013 | Judicial Control of Agency Action -- Agency Policymaking and Statutory Interpretation | pp. 666-689 Administrative Procedure Act sections 701, 702, 706 |
REINS Act, H.R. 367 | |
| 26. | April 17, 2013 | Judicial Control of Agency Action -- Agency Statutory Interpretation (cont'd) |
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pp. 705-720, 723-27 |
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| 28. | April 22, 2013 | Availability of Judicial Review of Agency Action | pp. 737-751 |
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| 29. | April 24, 2013 | Availability of Judicial Review of Agency Action (cont'd) | pp. 751-764 |
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| 30. | April 29, 2013 | Voluntary Review Class |
Review Session Final exam will take place on May 8, and is scheduled from 9 am to noon on the master calendar. |
Answers to Email Questions for Finals Review | |
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