The following study guide should help you study for the final exam this Saturday.

The
exam will cover Chapters 5, 6, 7, 8, 10. and specific comcepts from Chapter 9.

1. As I've stated numerous times during the semester: keep up with the readings,
including the chapter cases, as well as the chapter questions and problems.
Review the questions and problems, the chapter terms, the cases, the APA provisions
cited in the chapters.

I will not ask you to brief the cases; do know the specific rulings of each case. For
example, the Ashbacker Doctrine derived from Ashbacker RadioCorp. v Federal
Communications Commission in which the Supreme Court ruled that an agency must
provide a consolidated hearing whenever 2 or more parties are competing for one
license so that the grant to one would mutually exclude the other (Pages 187,188).

For Chapter 9: judicial review, standing, exhaustion of administrative remedies,

ripeness, res judicata, collateral estoppel, writ of mandamus, writ of prohibition, primary
jurisdiction, equitable estoppel, standards of judicial review (statutory review, de novo,
substantial evidence, arbitrary and capricious, and abuse of discretion), habeas corpus,
laches, qui tam, and Sierra Club v. Morton (ruling on standing).

2. The provision of the Constitution governing territories.

Article IV. Section 3: The Congress shall have Power to dispose of and make all needful
Rules and Regulations respecting the Territory or other Property belonging to the United
States; and nothing in this Constitution shall be so construed as to Prejudice any Claims
of the United States, or of any particular State.

3. Guam's unincorporated status. What does it mean?

Guam’s powers can only be conferred upon by Congress.

4. Whether the Constitution's Bill of Rights were included in the original Organic Act of
Guam in 1950.

Only certain portions of the Bill of Rights were included in the Organic Act of Guam in
1950. The 1st, 3rd, 4th, 5th, 6th, 8th, 13th are some that are included in the Organic Act.

5. Whether the Organuc Act permits a line-item veto by the Governor.

If any bill presented to the Governor contains several items of

appropriation of money, he may object to one or more of such items,
or any part or parts, portion or portions thereof, while approving the
other items, parts, or portions of the bill. In such a case he shall
append to the bill at the time of signing it, a statement of the items, or
parts or portions thereof, to which he objects, and the items, or parts
or portions thereof, so objected to shall not take effect. All laws
enacted by the legislature shall be reported by the Governor to the
head of the department of agency designated by the President under
section 1421a of this chapter.

6. The 2 functions covered by the Guam Administrative Adjudication Law.

Rulemaking and Adjudication (Source: 5 GCA Chapter 9)

7. The notice requirements under the Guam Open Government Law (OGL), the
exemptions, the sanctions for non-compliance, the effect of non-compliance on agency
decisions and actions, and whether advisory committees are covered by OGL.

5 days in a newspaper of general circulation and then 48 hours before the meeting
happens. Misdemeanor if not complied with. Decisions and actions become void.
Advisory committees are considered part and parcel with public agencies.

8. The exemptions under the Guam Freedom of Information Act (FOIA).

(a) Records pertaining to pending litigation to which the agency is a party, until the pending
litigation has been finally adjudicated or otherwise settled.
(b) Records of complaints to, or investigations conducted by, or records of intelligence
information, or security procedures or information, of an agency or its personnel.
(c) Personnel, medical, or similar files, the disclosure of which would constitute an unwarranted
invasion of personal privacy. All information regarding salary, and the name, age, and mailing
address of each employee and public official shall be public record.
(d) Information required from any taxpayer in connection with the collection of taxes that is
received in confidence and the disclosure of the information to other persons would result in
unfair competitive disadvantage to the person supplying the information, except that total
amounts of money owed to or owed by a person, and penalties levied against and owed by a
person, shall be public information and not exempt from disclosure.
(e) Library circulation records kept for the purpose of identifying the borrower of items available
in libraries, and library and museum materials made or acquired and presented solely for
reference or exhibition purposes. The exemption in this Subsection shall not apply to the records
of fines imposed on the borrowers.
(f) Applications filed with any agency responsible for the regulation or supervision of the
issuance of securities or of financial institutions, including, but not limited to, banks, savings and
loan associations, credit unions and insurance companies. The exemption in this Subsection shall
not apply to the records of loans or securities issued by an agency, the amount of money or credit
issued to a person, information about the purpose and reasons for loans or securities issued by the
agency, or identifying information about the person receiving the money or credit, including
name, date of birth, occupation and place of residence.
(g) Test questions, scoring keys and other examination data used to administer a licensing
examination, examination for employment, or academic examination. The exemption in this
Subsection shall not apply to cumulative test scores on academic tests administered by the
Department of Education, but shall apply to individual students= test scores.
(h) The home address and telephone number of any person whose occupation is subject to
regulation or licensure by the government of Guam, or of any public official or government
employee, unless such person gives expressed permission to disclose such information. The
exemption in this Subsection shall not apply to information provided by nominated board
members, directors and other officials up for confirmation by I Liheslatura Guåhan [the
Legislature].
(i) All existing privileges or confidential records or other information expressly protected under
the law shall not be abrogated by this Act.
(j) Records specifically pertaining to security procedures, passwords, combinations, access codes,
electronic or computer user I.D.s, policies or procedures on security.
(k) For the Department of Education information which personally identifies participants in the
School Breakfast/Lunch Program, or their parents, guardians or caretakers.
(l) For the University of Guam:
(i) all applicant records regarding admission, financial aid and/or scholarships, except that
the names and majors/areas of concentration of Financial Aid recipients funded directly or
indirectly, through repayments by prior recipients, by a fund of the government of Guam,
including the University of Guam’s Student Financial Assistance Program Fund shall be public
information and not covered as private writings; (ii) closed archives of the RFT Micronesian Area
Research Center, as per agreement with donor; and (iii) anonymity agreements regarding
financial donations and other contributions made to the University only to the extent needed to
protect the identity of the donor.
(m) For the Guam Police Department: (i) vice funds
disbursement records; (ii) disapproved firearm permit applications;
and (iii) investigation techniques, which if exposed, would threaten
the safety of law enforcement officials and/or threaten the integrity
of an investigation.
(n) For the Guam Police Department: investigatory records compiled for law enforcement
purposes, but only to the extent that the production of such records would:
(1) interfere with enforcement proceedings;
(2) deprive a person of a right to a fair trial or an impartial adjudication;
(3) constitute an unwarranted invasion of personal privacy;
(4) disclose the identity of a confidential source and, in the case of a record compiled in
the course of a criminal investigation, confidential information furnished only by the
confidential source;
(5) disclose investigative techniques and procedures; or
(6) endanger the life or physical safety of law enforcement personnel.
(o) for the Department of Corrections’ Internal Affairs Unit, the radio logs and tapes.
(p) For the Supreme and Superior Courts of Guam:
(i) draft/working copies of bench notes, memoranda and opinions generated by the law clerks,
research attorneys, judges and justices of the courts; and (ii) notes of the legal impressions of law
clerks, attorneys, judges and justices of cases before the courts, whether pending or already
resolved.
(q) Draft documents of an Agency.
(r) For the Guam Economic Development Authority: (i)
delinquency reports of loans issued by GEDA; (ii) credit reports on
loan applications filed with GEDA.

9. The Hierarchy of Proof.

Beyond a doubt
Beyond a reasonable doubt
Clear and convincing
Preponderance of Evidence
Substantial Evidence
Probable Cause
 Reasonable Suspicion
Zero Evidence – Scintilla

10. Whether traditional customs are protected by the Palau Constitution.

Traditional customs are protected by the Palau Constitution.

11. Tragedy of the Commons.

At the beginning of his essay, Hardin draws attention to problems that cannot be solved
by technical means (i.e., as distinct from those with solutions that require "a change only
in the techniques of the natural sciences, demanding little or nothing in the way of change
in human values or ideas of morality"). Hardin contends that this class of problems
includes many of those raised by human population growth and the use of the Earth's
natural resources.

To make the case for "no technical solutions", Hardin notes the limits placed on the
availability of energy (and material resources) on Earth, and also the consequences of
these limits for "quality of life". To maximize population, one needs to minimize
resources spent on anything other than simple survival, and vice versa. Consequently, he
concludes that there is no foreseeable technical solution to increasing both human
populations and their standard of living on a finite planet.

From this point, Hardin switches to non-technical or resource management solutions to

population and resource problems. As a means of illustrating these, he introduces a
hypothetical example of a pasture shared by local herders, which he calls a commons.
The herders are assumed to wish to maximize their yield, and so will increase their herd
size whenever possible. The utility of each additional animal has both a positive and
negative component:

• Positive: the herder receives all of the proceeds from each additional animal.
• Negative: the pasture is slightly degraded by each additional animal.

Crucially, the division of these costs and benefits is unequal: the individual herder gains
all of the advantage, but the disadvantage is shared among all herders using the pasture.
Consequently, for an individual herder the rational course of action is to continue to add
additional animals to his or her herd. However, since all herders reach the same rational
conclusion, overgrazing with immediate losses occurs, and degradation of the pasture
may be its long-term fate. Nonetheless, the rational response for an individual remains
the same at every stage, since the gain is always greater to each herder than the individual
share of the distributed cost. The overgrazing cost here is an example of an externality.

Because this sequence of events follows predictably from the behaviour of the individuals
concerned, Hardin describes it as a "tragedy".
9. Intergenerational Justice.

When decisions are made in certain generation that affect future generations.

10. String Theory.

There are a few assignments that are still outstanding. If you haven't turned-in these
assignments, make sure you turn them in before the exam; otherwise you'll be .

I would also like you to self-grade your performance for the course at this point in time,
taking into account attendance (excused or prior noticed absences do not count),
meaningful participation, timely completion of assignments, and your grade for the first
exam.