ZOOM LINK FOR REMOTE CLASS PARTICIPATION
| No. | Date | Topics | Guest Speaker(s) or Reading Panels | Readings | Comments and Reference Materials |
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| 1. | Jan. 13, 2020 | 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 Lecture (audio only for this session) |
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| 2. | Jan. 15, 2020 | How the Federal Legislative Process Works | Video summary of Civil Rights Act passage H.Res. 1164 (2018) (Standing Rules of the House of the 116th Congress ) |
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Jan. 20, 2020 |
MLK Holiday | ||||
| 3. | Jan. 22, 2020 | Details of the Federal Legislative Process |
pp. 58-80 Prepare to discuss Problem 1-2 (p.80) PowerPoint (.pdf) Legislative Strategy Worksheet |
S. Res. 483 (2020) (Senate impeachment trial resolution) . Senate general impeachment Rules |
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| 4. | Jan. 27, 2020 | GUEST SPEAKERS: Rep. Sarah Davis and former Texas Houston Parliamentarian Chris Griesel |
Class will be held at usual time, but in classroom TUII 144 | Texas Legislative Flowchart Texas Legislative Process PowerPoint (FYI only; not required reading) Lecture |
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| 5. | Jan. 29, 2020 |
The Rise of Alternative Law-Making Delegation of authority and Congressional control of delegation |
pp. 83-95, 106-115 |
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| 6. | Feb. 3, 2020 | Executive Authority and Role in Statutory Formation: Hiring and Firing | pp. 129-155 Seila Law v. CFPB briefing page The Supreme Court Could Upend Consumer Financial Protection as We Know It (Jan. 24, 2020) (.pdf) |
Seila Law Firm v. CFPB certiorari petition and reply amicus brief | |
| 7. | Feb. 5, 2020 | Executive Authority and Role in Statutory Formation: How Agencies Turn Statutes Into Action |
GUEST SPEAKER: Mark Kuster, Texas Legislative Council |
pp. 181-211 |
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| 8. | Feb. 10, 2020 | Introduction to Statutory Interpretation: Legislative Intent and Legislative Purpose | pp. 299-318 |
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| 9. | Feb. 12, 2020 | Legislative Purpose; 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) |
Justice Kagan lecture on statutory interpretation . Snail darter |
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| 10. | Feb. 17, 2020 | "New Textualism" | pp. 366-370, 386-409 |
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| 11. | Feb. 19, 2020 | Canons of Statutory Interpretation: Where Do They Come From? Intro to Textual Canons |
pp. 430-445, 447-471 U.S. Dictionary Act (1 U.S.C. section 1 et seq.) Texas Code Construction Act, Sections 311 and 312 et seq Powerpoint (.pdf) |
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| 12. | Feb. 24, 2020 | Whole Act Rule and other canons | pp. 471-490 Spotted Owl habitat |
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| 13. | Feb. 26, 2020 | Rule of Lenity |
pp. 490-512 Texas Code Construction Act, Rule 311.022, 311.021, 311.032, 312.013 Baby Driver opening scene |
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| 14. | March 2, 2020 | Constitutional Avoidance and Major Questions Canon | pp. 512-532 Texas Campus Concealed Carry Law Handgun definition |
Avoidance Creep by Prof. Charlotte Garden |
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| 15. | March 4, 2020 | Clear Statement Federalism Rule | pp. 532-552 Texas Code Construction Act Section 311.034 |
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| March 9-13, 2020 | SPRING BREAK | ||||
| March 16 - 18, 2020 | Classes cancelled due to COVID-19 outbreak |
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| 16. | March 23, 2020 | Rule Against Implied Repeals, and Reflection of Changed Circumstances | pp. 552-568 (skim), 576-599 (note summary of coherence canons on pp. 566-569) IRS Code Section 501(c)(3) Texas Code Construction Act Section 311.027 |
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| 17. | Recorded make-up class | Use of Legislative History in Interpretation |
Asynchronous session - review at your convenience before April 15, 2020. |
pp. 630-649, 674-685 Digital Realty Trust v. Somers (focus on concurring opinions) PowerPoint lecture 1 (orthodox approaches to legislative history) |
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| 18. | March 25, 2020 | Guest Lecture by Texas Supreme Court Justice Brett Busby and Southern District of Texas federal Judge Lee Rosenthal. They will discuss the way judges construe statutes and the substantive value of textual approaches. Class will take place on Zoom at this link. We have the other two 1L sections to join this special session. |
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| 19. | March 30, 2020 | Discussion of Guest Lecture Introduction to Administrative Law and Regulatory Practice |
pp. 711-735 PowerPoint (.pdf) OIRA Dashboard Due to technical difficulties, this class Zoom session did not record. My apologies. |
Federal Rulemaking Process flowchart and summary report | |
| 20. | April 1, 2020 | Judicial Review of Agency Policy Making |
pp. 735-755 PowerPoint (.pdf) Update on Rulemaking Process (.pdf) Section 208 Timeline |
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| 21. | April 6, 2020 | Agency Adjudication - Due Process requirements | pp. 756-763, 777-800 PowerPoint (.pdf) |
Bono's bleep 18 U.S.C. 1464 |
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| 22. | April 8, 2020 | Judicial Review of Informal Agency Rulemaking and Agency Inaction | pp. 801-817, 823-837 PowerPoint (.pdf) |
Guidance to Compliance with Congressional Review Act (April 11, 2019) |
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| Voluntary Practice Exam | I will post the sample Practice Exam online here. You can take it at your convenience, but it should only require one hour. | Practice Exam Multiple Choice Answers Essay Outline |
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| 23. | April 13, 2020 | Review of Informal Agency Guidance and Determinations Introduction to Judicial Deference on Agency Interpretations |
pp. 838-843, 855-871 PowerPoint (.pdf) |
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| 24. | April 15, 2020 |
Judicial Deference to Agency Interpretations: Skidmore-Chevron-Mead and Current Efforts to Reverse Chevron |
pp. 892 note 3 to pp. 909 (not including Note on Empirical Studies) PowerPoint (.pdf) |
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| 25. | April 22, 2020 | Post-Chevron and Future Directions |
pp. 912-939 PowerPoint (.pdf) DOJ Manual 1-20.000 re Use of Guidance Documents in Litigation |
Separation of Powers Restoration Act of 2017 Arizona HB 2238 (2018) |
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| 27. | April 24, 2020 | Voluntary Final Review Session Deadline to submit email questions: Monday, April 27 at noon CDT. I will circulate a global answer to those emails by 5 pm CDT the same day to the entire class (unless you ask me to keep your question confidential) |
Review Session Zoom lecture Sample Essay Review Question and Answer Key |
Do Your Worst! I Defy You! | |
| May _, 2020 | Final exam will take place during the week of April 28-May 2; you must upload your exam answer before 5 pm on Saturday, May 2 |
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