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Full-Text Articles in Law
Agency Inaction, Abner J. Mikva
Agency Inaction, Abner J. Mikva
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Agency Determination Concerning Delegation Of Sovereign's Pipeline Eminent Domain Power To Public Utility Interstate Pipeline Based Upon "Public Need" Comports With Dormant Commerce Clause: Substantial Evidence Review Applied To Public Need Determination: Lakehead Pipeline Company V. Illinois Commerce Commission, S. Ellyn Farley
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Deferential Review Of An Administrative Agency's Decision In Federal District Court: International College Of Surgeons V. City Of Chicago , Karen L. Vinzant
Deferential Review Of An Administrative Agency's Decision In Federal District Court: International College Of Surgeons V. City Of Chicago , Karen L. Vinzant
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Judicial Review Of Forest Service Decisions Made Pursuant To The National Forest Management Act's Substantive Requirements: Time For A Science Court?, Kristen Potter
Journal of the National Association of Administrative Law Judiciary
This article is divided into five sections. Section I reviews the legal and historical background of forest law, culminating in NFMA, and establishes why many believe that the NFMA provides a greater role for courts. Section II presents the underpinnings of judicial review and deference to administrative agencies, such as the Forest Service. Section III provides examples of the deference applied in challenges to the Forest Service's attempted compliance with NFMA's diversity requirements. Section IV discusses the benefits and shortcomings of a specialized court in addressing the criticisms of the present system. Section V concludes that a specialized court is …
Civil Rights Are Civil Rights Are Civil Rights: The Inapplicability Of Preclusion To Unreviewed State Administrative Decisions , Heather Rutland
Civil Rights Are Civil Rights Are Civil Rights: The Inapplicability Of Preclusion To Unreviewed State Administrative Decisions , Heather Rutland
Journal of the National Association of Administrative Law Judiciary
This Comment addresses the history and intent behind administrative law and agency decision-making, and examines the differences between administrative proceedings and their judicial counterparts. Part II explains the history and effect of claim preclusion. Part III discusses the foundations of Administrative Law. Part IV reviews the Supreme Court's treatment of the preclusive effects of unreviewed agency determinations in civil rights cases, with particular focus on civil rights cases arising under Title VII, the ADEA, and §1983. Part V addresses the necessity and importance of judicial review of administrative agency findings. Part VI reviews the history and purpose of the civil …
October Term, 1999: The Supreme Court's Last Term Of The Twentieth Century, Increasing Deference To Administrative Agencies , Allen E. Shoenberger
October Term, 1999: The Supreme Court's Last Term Of The Twentieth Century, Increasing Deference To Administrative Agencies , Allen E. Shoenberger
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Christensen V. Harris County: Pumping Chevron For All It's Worth - Defining The Limits Of Chevron Deference, Naaman Asir Fiola
Christensen V. Harris County: Pumping Chevron For All It's Worth - Defining The Limits Of Chevron Deference, Naaman Asir Fiola
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Peer Review Process In Administrative Adjudication, Robert Robinson Gales
The Peer Review Process In Administrative Adjudication, Robert Robinson Gales
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Finality: What Constitutes Final Agency Action? The Practical Implications Of The D.C. Circuit's Ruling In Reliable Automatic Sprinkler Co. V. Consumer Product Safety Commission, Jason Fowler
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Beck Vs. Pace International Union: A Mask Of Unanimity To Conceal Disagreement And Confusion, Sharon Hritz
Beck Vs. Pace International Union: A Mask Of Unanimity To Conceal Disagreement And Confusion, Sharon Hritz
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
When Administrative Law Judges Rule The World: Wooley V. State Farm - Does A Denial Of Agency-Initiated Judicial Review Of Alj Final Orders Violate The Constitutional Doctrine Of Separation Of Powers?, April Rolen-Ogden
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Harm Means Harm: Babbitt V. Sweet Home Chapter Of Communities For A Great Oregon, Laurie M. Stone
Harm Means Harm: Babbitt V. Sweet Home Chapter Of Communities For A Great Oregon, Laurie M. Stone
Pepperdine Law Review
No abstract provided.
The Unfortunate Triumph Of Form Over Substance In Canadian Administrative Law, Paul Daly
The Unfortunate Triumph Of Form Over Substance In Canadian Administrative Law, Paul Daly
Osgoode Hall Law Journal
The standard of review analysis for judicial review of administrative action developed by the Supreme Court of Canada before Dunsmuir v New Brunswick had two important features. First, it provided a bulwark against interventionist judges, thereby protecting the autonomy of administrative decision makers and promoting deference. Second, it was substantive, rather than formal, and moved the focus of judicial review away from abstract concepts and towards the eccentricities of statutory schemes. However, in its more recent forays into the general principles of judicial review, the Court has threatened to reverse its deferential and substantive course by following a formalistic, categorical …
United States V. Mead Corp.: Will Administrative Transparency Survive The Increasing Demand For National Security?, Giacomo Gallai
United States V. Mead Corp.: Will Administrative Transparency Survive The Increasing Demand For National Security?, Giacomo Gallai
Pepperdine Law Review
No abstract provided.
Judicial Review Of Public Utility Commissions, Jonathan Armiger
Judicial Review Of Public Utility Commissions, Jonathan Armiger
Indiana Law Journal
No abstract provided.
A Myriad Of Misunderstanding Standing: Decoding Judicial Review For Gene Patents, Jenny L. Maxey
A Myriad Of Misunderstanding Standing: Decoding Judicial Review For Gene Patents, Jenny L. Maxey
West Virginia Law Review
No abstract provided.
The Ninth Circuit's "Clarifications" In Lands Council V. Mcnair: Much Ado About Nothing?, Keith G. Bauerle
The Ninth Circuit's "Clarifications" In Lands Council V. Mcnair: Much Ado About Nothing?, Keith G. Bauerle
Golden Gate University Environmental Law Journal
In this Article, I will first provide some background for the issues treated in the decision, beginning with the NFMA’s and NEPA’s statutory and regulatory requirements and how they were interpreted in the two Ninth Circuit cases that lead to the McNair decision, Lands Council v. Powell and Ecology Center v. Austin. I will then outline the history of the Lands Council v. McNair litigation, and from there discuss the Ninth Circuit’s en banc decision. Placing the decision in the context of the circuit’s NFMA and NEPA jurisprudence, I argue that the decision’s holdings, on their own, do not constitute …
Confession Of Error By Administrative Agencies, Alexander L. Merritt
Confession Of Error By Administrative Agencies, Alexander L. Merritt
Washington and Lee Law Review
No abstract provided.
Climbing Mount Mitigation: A Proposal For Legislative Suspension Of Climate Change "Mitigation Litigation", J. B. Ruhl
Climbing Mount Mitigation: A Proposal For Legislative Suspension Of Climate Change "Mitigation Litigation", J. B. Ruhl
Washington and Lee Journal of Energy, Climate, and the Environment
No abstract provided.
Substantive Review In Appellate Courts Since Dunsmuir, Gerald P. Heckman
Substantive Review In Appellate Courts Since Dunsmuir, Gerald P. Heckman
Osgoode Hall Law Journal
In Dunsmuir v. New Brunswick, the Supreme Court re-examined its approach to judicial review of administrative decisions to develop a "more coherent and-workable" framework. It merged the deferential standards of reasonableness simpliciter and patent unreasonableness into a single reasonableness standard and emphasized the importance of precedent in determining the standard applicable to a specific category of decision makers. The author makes a preliminary assessment of Dunsmuir's impact on judicial review through an analysis of recent Canadian appellate decisions. He concludes that, white Dunsmuir simplifies the standard of review analysis by encouraging courts' reliance on satisfactory precedents and guidelines to determine …
May Legislative History Be Considered At Chevron Step One: The Third Circuit Dances The Chevron Two-Step In United States V. Geiser, Melina Forte
Villanova Law Review
No abstract provided.
Running On Empty: Will Exxon Mobil Cause A Breakdown For Chevron And The Administrative State?, Meredith Abernathy
Running On Empty: Will Exxon Mobil Cause A Breakdown For Chevron And The Administrative State?, Meredith Abernathy
Washington and Lee Law Review
No abstract provided.
Knox V. United States Department Of Labor: The Potentially Risky Business Of Interpreting Asbestos Statutes, Jessica J. Suh
Knox V. United States Department Of Labor: The Potentially Risky Business Of Interpreting Asbestos Statutes, Jessica J. Suh
Villanova Environmental Law Journal
No abstract provided.
Rag Cumberland V. Dep: An Agency's Volte-Face Statutory Interpretation - When Do Courts Stop Deferring And Start Judicial Interpretation, Dennis C. Lumia
Rag Cumberland V. Dep: An Agency's Volte-Face Statutory Interpretation - When Do Courts Stop Deferring And Start Judicial Interpretation, Dennis C. Lumia
Villanova Environmental Law Journal
No abstract provided.
National Cable & Telecommunications Ass'n V. Brand X Internet Services: A War Of Words, The Effect Of Classifying Cable Modem Service As An Information Service, David P. Manni
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Commonwealth Of Massachusetts V. Epa: Passing The Buck On Regulation Of Greenhouse Gas Emissions, Daniel Baylson
Commonwealth Of Massachusetts V. Epa: Passing The Buck On Regulation Of Greenhouse Gas Emissions, Daniel Baylson
Villanova Environmental Law Journal
No abstract provided.
Ambiguity And Policy Making: A Cognitive Approach To Synthesizing Chevron And Mead, Peter M. Shane
Ambiguity And Policy Making: A Cognitive Approach To Synthesizing Chevron And Mead, Peter M. Shane
Villanova Environmental Law Journal
No abstract provided.
Chevron Matters: How The Chevron Doctrine Redefined The Roles Of Congress, Courts And Agencies In Environmental Law, E. Donald Elliott
Chevron Matters: How The Chevron Doctrine Redefined The Roles Of Congress, Courts And Agencies In Environmental Law, E. Donald Elliott
Villanova Environmental Law Journal
No abstract provided.
Rubber-Stamping V. Probing Review - The Judicial Role In Enforcing The Substantive Requirements Of The National Forest Management Act: Lands Council V. Powell, Jamie Kester
Villanova Environmental Law Journal
No abstract provided.
The Doctrine Of Judicial Deference And The Independence Of The Federal Mine Safety And Health Review Commission, R. Henry Moore
The Doctrine Of Judicial Deference And The Independence Of The Federal Mine Safety And Health Review Commission, R. Henry Moore
West Virginia Law Review
No abstract provided.