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Appeal No. 0041: Petrocon, Inc. V. State Of Ohio, Acting By And Through The Chief Of The Division Of Oil And Gas Department Of Natural Resources, Ohio Oil & Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Adjudication Order No. 15

Experiments In Agency Justice: Informal Adjudicatory Procedures In Administrative Procedure Acts, Karen E. Boxx

Washington Law Review

The 1961 Revised Model State Administrative Procedure Act and most state administrative procedure acts ("APAs") provide for only one type of agency adjudication: a formal, trial-type hearing. The 1981 Model Act and five state APAs have departed from this approach by providing additional, more informal adjudicatory procedures. This Comment examines the developments since 1961 that prompted the drafters of these acts to include informal procedures. The major impetus for the change was the "due process explosion," which extended hearing rights to interests that had been considered too minor for formal hearings. The Comment then compares the 1981 Model Act and …

Judicial Responses To The Eeoc's Failure To Attempt Conciliation, Michigan Law Review

Michigan Law Review

This Note suggests that a court faced with inadequate conciliation efforts by the EEOC should dismiss the action without prejudice. Part I argues that dismissal better serves the remedial purpose of the statute than summary judgment. Part II then demonstrates that dismissal satisfies the policy concerns of courts that dispose of inadequately conciliated suits. Although dismissal may not promote judicial efficiency as well as summary judgment, courts and the Commission can handle the dismissal to minimize duplication. Part III advances dismissal for failure to state a claim upon which relief can be granted as the appropriate procedural vehicle for disposing …

Quis Custsodiet Ipsos Custodes?: Gubernatorial And Legislative Review Of Agency Rulemaking Under The 1981 Model Act, David S. Neslin

Washington Law Review

Legislatures frequently delegate broad rulemaking powers to administrative agencies to implement and enforce statutes. To control the use of this delegated authority, most states subject agency rulemaking to legislative or executive review. Through the use of various kinds of nonjudicial review, the states have served as innovative laboratories for the development of this concept. This Comment first outlines the history of nonjudicial review of agency rulemaking. It then describes and evaluates the gubernatorial and legislative review provisions of the 1981 Model Act. Finally, drawing upon the experiences of several states, it proposes a modification of the Act's approach to nonjudicial …

Deducting The Cost Of Smoking Cessation Programs Under Internal Revenue Code Section 213, Michigan Law Review

Michigan Law Review

This Note argues that enrollment fees for a smoking cessation program should be classified as deductible medical expenses. Part I defends this conclusion without questioning the accepted interpretation of section 213(e). Recent medical evidence indicates that the nicotine addiction that cessation program patients seek to break is itself a disease. And even prior to the onset of more serious health consequences, sustained cigarette smoking significantly impairs the functioning of the lungs and heart. Under this analysis, enrollment fees should be deductible as expenses for the treatment of an existing disease or defect, and as "amounts paid . . . for …

Book Review: Federal Rulemaking, Jeffrey A. Parness

Vanderbilt Law Review

In the 1979 Annual Report on the State of the Judiciary'Chief Justice Burger called for a fresh look at the entire federal rule making process. Following the Chief Justice's lead, the Federal Judicial Center' responded with a report by Winifred R. Brown entitled Federal Rulemaking: Problems and Possibilities. In a foreward to that report Professor A. Leo Levin, the Federal Judicial Center's director, discouraged any attempt to intiate "a thorough review of the strengths and weaknesses of the process," and advised the author instead to focus "on those aspects of the process that had been singled out for criticism and …

Eis Supplements For Improperly Completed Projects: A Logical Extension Of Judicial Review Under Nepa, Michigan Law Review

Michigan Law Review

This Note argues that the private cause of action under NEPA retains its utility despite the completion of the project sued upon. Part I describes the procedural implementation of the policy concerns underlying NEPA through the EIS process for proposed actions, and the EIS supplementation process for project changes made after the original EIS has been prepared. Part II examines current law applicable to projects completed in violation of NEPA and concludes that the denial of post-completion relief conflicts with the underlying goals of NEPA. Part III analyzes extension of relief to completed projects, and proposes court-ordered EIS supplementation for …

Appeal No. 0046: Atlas Energy Group, Inc. V. State Of Ohio, Acting By And Through The Chief Of The Division Of Oil And Gas Department Of Natural Resources, Ohio Oil & Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Adjudication Order No. 336

Appeal No. 0028: Edmund C. Gallenz V. State Of Ohio, Acting By And Through The Chief Of The Division Of Oil And Gas Department Of Natural Resources, Ohio Oil & Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Adjudication Order No. 273

Appeal No. 0039: Petro Oil Company, Inc. V. State Of Ohio, Acting By And Through The Chief Of The Division Of Oil And Gas Department Of Natural Resources, Ohio Oil & Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Adjudication Order No. 313

New Mexico V. Mescalero Apache Tribe, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Motor Vehicle Manufacturers Association Of The United States, Inc. V. State Farm Mutual Automobile Insurance Company, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

American Paper Institute, Inc. V. American Electrical Power Service Corp., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Impact Of Office Of Administrative Law On California Taxing Agencies, Assembly Revenue And Taxation Committee

California Assembly

In 1979, AB 1111 (McCarthy, Chapter 567) was enacted to establish an Office of Administrative Law charged with promoting regulatory reform on the part of California's state agencies. The end of the second year of existence of the Office of Administrative Law (OAL) signals an appropriate time for the Assembly Revenue and Taxation Committee to review the impact of OAL and its regulatory reform activities on California's two major tax agencies and the taxpayers they serve. This briefing booklet reproduces OAL's 1981-82 Annual Report, and includes short analyses by the staff of the Board of Equalization and the Franchise Tax …

Federal Agency Access To Grand Jury Transcripts Under Rule 6 (E), Michigan Law Review

Michigan Law Review

Part I examines the courts' current certainty-based perspective, and rejects this approach because it sacrifices important interests in civil law enforcement and judicial consistency for speculative and coincidental reductions in grand jury abuse. Part II defends the proposed standard by arguing that it comports with the language and intent of the rule while more effectively advancing the policy interests in civil law enforcement and grand jury secrecy.

Environmental Regulation And Regulatory Reform, Douglas M. Costle

Washington Law Review

Regulatory relief asks the wrong question when it asks whether a regulation's benefits justify its costs. True regulatory reform asks how to make regulation fair, reasonable, and effective-that is, both efficient in spending social resources and successful in achieving compliance. Instead of simply devising new procedural burdens to impede the regulator, we ought to focus our regulatory reform efforts on finding effective ways to regulate by stimulating and rewarding industry's efficient compliance with regulation.

Appeal No. 0033: United Industrial Energy, Inc. Corporation V. State Of Ohio, Acting By And Through The Chief Of The Division Of Oil And Gas Department Of Natural Resources, Ohio Oil & Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Adjudication Order No. 291

Appeal No. 0034: Beasley-Sharp, Inc. V. State Of Ohio, Acting By And Through The Chief Of The Division Of Oil And Gas Department Of Natural Resources, Ohio Oil & Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Adjudication Order No. 299

Interest Representation And The Federal Land Policy And Management Act, Michigan Law Review

Michigan Law Review

The role of the BLM under the FLPMA, this Note argues, is accurately captured in the "interest representation" model of administrative law; judicial review under this model serves to vindicate the "participation rights" of parties interested in public lands management. Part I places the FLPMA in the context of other recent congressional reform efforts and attempts to justify heightened judicial scrutiny of the BLM's activities. To protect citizens' participation rights, it concludes, courts should recognize a limited right to initiate the planning and management provisions of the FLPMA. The Act, in other words, should be interpreted to comprehend "agenda forcing" …

I. Administrative Law

Washington and Lee Law Review

No abstract provided.

Clean Coal/Dirty Air, Michigan Law Review

Michigan Law Review

A Review of Clean Coal/Dirty Air by Bruce A. Ackerman and William T. Hassler

Models Of Regulation, James V. Delong

Michigan Law Review

A Review of The Politics of Regulation edited by James Q. Wilson

Powerline: The First Battle Of America's Energy War, Michigan Law Review

Michigan Law Review

A Review of Powerline: The First Battle of America's Energy War by Barry M. Casper and Paul David Wellstone

Full Text Of Issue

California Regulatory Law Reporter

No abstract provided.

National Security Interests Vs. The First Amendment: Haig V. Agee, Joan R. M. Bullock

Journal Publications

In Haig v. Agee, the United States Supreme Court held that the Secretary of State has the authority to revoke a passport when the bearer's activities abroad "are causing or are likely to cause serious damage to the national security or the foreign policy of the United States." This note will examine the implications of Agee as a standard in resolving conflicts between national security and first amendment rights of the individual.

Dial V. Navajo-Hopi Relocation Commission: Relocation Benefits

American Indian Law Review

No abstract provided.

Office Of Administrative Law Annual Report 1981-1982, Office Of Administrative Law

California Agencies

No abstract provided.

Development Fees In The San Francisco Bay Area: An Update, Association Of Bay Area Governments

California Agencies

No abstract provided.

Administrative Law - Evidence - Hearsay - Residuum Rule, George P. Faines

Duquesne Law Review

An equally divided Supreme Court of Pennsylvania has held that uncorroborated hearsay evidence alone can support a factual finding in an administrative hearing if the proponent establishes some foundation for the hearsay's reliability or reliability is apparent on its face.

Unemployment Compensation Board of Review v. Ceja, 493 Pa. 584, 427 A.2d 631 (1981).

Administrative Law: Judicial Review - Reflections On The Proper Relationship Between Courts And Agencies, 58 Chi.-Kent L. Rev. 215 (1982), Gerald E. Berendt, Walter J. Kendall Iii

UIC Law Open Access Faculty Scholarship

No abstract provided.