| No. | Date | Topics | Guest Speaker(s) or Reading Panels | Readings | Comments and Reference Materials |
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| 0. | Jan. 16, 2018 | CLASS CANCELLED due to ice storm | |||
| 1. | Jan. 18, 2018 | Introduction to Class
Introduction to class statutory exercise |
Our text will be Eskridge, Gluck and Nourse's Statutes, Regulation, and Interpretation (2014). Unless otherwise noted, all page references below are to Eskridge. pp. 1-33 |
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| OPTIONAL: Free Showing of Selma at Student Union South Theater, Jan. 24, at 6 pm to 9 pm (with panel discussion before screening) |  |
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| 2. | Jan. 23, 2018 | How the Federal Legislative Process Works | Video summary of Civil Rights Act passage Senate Rules for 116th Congress Class selfie |
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| 3. | Jan. 25, 2018 | Theories of Legislative Process |
pp. 58-80 PowerPoint (.pdf) Prepare to discuss Problem 1-2 (p.80) Strategy memo for legislation to protect sexual orientation under Civil Rights Act (2018) |
Strategy memo for legislation to repeal Affordable Care Act (2017) |
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| 4. | Jan. 30, 2018 | The Rise of Alternative Law-Making Delegation of authority and Congressional control of delegation |
pp. 83-95, 106-127 |
Oversight hearing with Scottt Pruitt |
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| 5. | Feb. 1, 2018 | Executive Authority and Role in Statutory Formation |
pp. 129-169 (just skim the Steel Seizure case) |
Chair of the Consumer Financial Protection Bureau? Mulvaney v. English PHH Corp. v. CFPB (D.C. Cir. 1/31/18) |
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| 6. | Feb. 6, 2018 | Executive Authority and Role in Statutory Formation | pp. 181-211 |
Confirmation hearing(s) for Kathleen Hartnett White Thank You For Smoking congressional testimony Houston Bar Association Oil & Gas Section Luncheon with In-House Counsel |
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| 7. | Feb. 8, 2018 | Guest lecture - Rep. Sarah Davis and Texas House Parliamentarian Chris Griesel Class will take place in Krost Hall at our usual class time. We have opened this special session to all three 1st-year sections. |
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PowerPoint (.pdf) Lecture not recorded |
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| 8. | Feb.13, 2018 | CLASS RESCHEDULED - I'll be out of town. We'll provide a make-up lecture electronically at a future date. | |||
| 9. | Feb. 15, 2018 | Introduction to Statutory Interpretation: Legislative Intent | pp. 299-318 |
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| 10. | Feb. 20, 2018 | Legislative Purpose |
pp. 318-48 (focus on the Matter of Jacob and Matter of Dana cases on p. 340) |
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| 11. | Feb. 22, 2018 | Textualism and Plain Meaning | pp. 349-66 (don't read the Bob Jones University v. U.S. decision referenced on p. 349; we'll read it later in the semester) |
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| 12. | Feb. 27, 2018 | "New Textualism" | pp. 366-370, 386-409 |
Interview with Justice Scalia (re "corruption" of judicial perspective) |
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| 13. | March 1, 2018 | Statutory Interpretation: Pragmatic Approaches | pp. 409-435
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Justice Kagan interview on statutory interpretation |
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| 14. | March 6, 2018 | Canons of Statutory Interpretation: Textual Canons | Please remember to email me by 5:00 pm today (3/6/18) any questions to our judges for the special Thursday class | pp. 447-471 PowerPoint (.pdf) NAM v. DOD handout |
U.S. Dictionary Act (1 U.S.C. section 1 et seq.) Texas Code Construction Act, Rule 311.011 et seq HBA Oil & Gas Section lunch on legal issues for fracking |
| 15. | March 8, 2018 | Guest Lecture by Justice Brett Busby (14th Cir. Ct. Apps., Tex) and Southern District of Texas federal Judge Lee Rosenthal. 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 1st sections for this special session. |
Digital Realty Trust v. Somers (U.S. Supreme Court, Feb. 21, 2018) |
Reading Law table of contents |
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| March 12-17, 2018 | SPRING BREAK | ||||
| 16. | March 20, 2018 | Canons of Statutory Interpretation: Whole Act Rule |
pp. 471-490 |
Should Some Species Be Allowed to Die Out?, NYT Magazine (3/13/18) World's Last Male Northern White Rhino Dies, CNN (3/20/18) O'Connor v. Oakhurst Dairy (the case of the Oxford Comma). |
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| 17. | March 22 2018 | Canons of Statutory Interpretation: Rule of Lenity and Doctrine of Constitutional Avoidance | pp. 490-520 Texas Code Construction Act, Rule 311.022, 311.021, 311.032, 312.013 |
Baby Driver opening scene |
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| 18. | March 27, 2018 | Canons of Statutory Interpretation: Clear Statement Rule for Federalism | pp. 532-552 Texas Code Construction Act Section 311.034 |
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| 19. | March 29, 2018 | Canons of Statutory Interpretation: Rule Against Implied Repeals, and Reflection of Changed Circumstances | pp. 552-568 (skim), 576-599 Texas Code Construction Act at Section 311.025, 311.026 |
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| 20-21. | MAKE-UP CLASSES | Use of Legislative History in Interpretation | This class will make up for the rescheduled session on Feb. 13 as well as catch-up material in anticipation of our guest lecture next week by Deputy GC Burke. We will provide this class lecture and supporting discussion electronically. |
pp. 601-616 (but not Problem 6-1), 630-649 pp. 653-658, 674-697 E-class (audio) |
Letter from White House Counsel to ABA White House Ends Bar Association's Role in Vetting Judges (NYT, 3/31/17). |
| 20. | April 3, 2018 | Introduction to Administrative Law and Regulatory Practice Guest lecture by EPA Deputy General Counsel Marcella Burke. She will discuss the fundamentals of agency practice, working within a federal agency, and key issues for advocates seeking to participate in EPA rulemaking or enforcement actions. |
Lecture |
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April 5, 2018 |
Introduction to Administrative Law and Practice |
pp. 711-735 |
Administrative Procedure Act sections 701, 702, 706 Chemical Safety Board oversight hearing Memorandum re Presidential Signing Statements, 72 Fed. Reg. 10669 (March 9, 2009) Reince Priebus memorandum re regulatory freeze (Jan. 20, 2017) Memorandum from Rahm Emanuel re Regulatory Review (Jan. 20, 2009) OIRA Dashboard
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| April 6, 2018 | Voluntary Midterm |
We will meet at noon in TUII 240 (our usual classroom). The test will last for one hour. As discussed, the test is open-book and allows use of your own notes. No third-party outlines or commercial materials are allowed. You may elect to substitute your midterm grade for your lowest single essay grade on your final examination. |
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| 22. | April 10, 2018 | Judicial Review of Agency Policy Making | pp. 735-755 Section 208 Timeline |
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| 23. | April 12, 2018 | Agency Adjudication - Due Process requirements | pp. 756-763, 777-800 |
Bono's bleep 18 U.S.C. 1464 |
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| 22. | April 17, 2018 | Judicial Review of Informal Agency Rulemaking and Agency Inaction |
pp. 801-817 |
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| 23. | April 19, 2018 | Wrap-Up on Agency Inaction Review of Informal Agency Guidance and Determinations Update on Congressional and Executive Changes to Administrative Rulemaking Process |
pp. 822-843, 848-853 PowerPoint (.pdf) |
DOJ Policy on Use of Guidance in Civil Enforcement Litigation (2018) Shining Light on Regulatory Dark Matter(U.S. House Oversight Comm. 2018) GOOD Act, S.B. 2296 (2018) |
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| 24. | April 24, 2018 | Judicial Deference to Agency Interpretations: Skidmore-Chevron-Mead and Current Efforts to Reverse Chevron |
Sign-Up Sheet for Office Visits | pp. 855-871, 892 n.3 - 909 (not including Note on Empirical Studies) |
Separation of Powers Restoration Act of 2017 Arizona HB 2238 (2018) |
| 25. | April 26, 2018 | Judicial Deference and Multiple Agency Action | pp. 924-939 |
Breyer Rushes to Chevron's Defense Amid Gorsuch Attacks (Law360, 4/24/18) Course Evaluation at AccessUH |
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| April 26, 2018 | VOLUNTARY Review Session - we'll begin immediately after our final class on April 26 in our usual classroom. The session will last from noon to 1 pm. Deadline to submit email questions: April 29 at 10:00 pm. I will circulate a global answer to those emails on April 30 to the entire class (unless you ask me to keep your question confidential). |
Review Session (audio) |
Answers to Email Questions for Finals Review Sample Essay Review Question Answer Key |
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Final exam will take place on May 1 in Rooms 209BLB and 213BLB at 9 am - noon. |
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