Law Commons^™

Military And Foreign Affairs Function Rule-Making Under The Apa, Arthur Earl Bonfield

Michigan Law Review

There is an obvious need to conduct our governmental affairs effectively. expeditiously. and inexpensively. No administrative rule-making procedure is acceptable unless it fairly takes account of this consideration. Consequently, procedural requirements that unduly fetter agency action. or frustrate its purposes. are obvious!} unwise. What is needed, therefore. is a system of rule-making that will strike a sensible balance between the need for adequate public participation in that process. and the need for efficient government. In striking that balance. society's interest in involving affected members of the public in administrative rule-making at an early stage is not so slight that it …

Minority Enterprise, Federal Contracting, And The Sba's 8 (A) Program: A New Approach To An Old Problem, Michigan Law Review

Michigan Law Review

In partial response to the problems of the minority businessman, the Small Business Administration (SBA) has developed the 8(a) Program to channel government contracts to businesses owned by disadvantaged persons. This is accomplished through a procedure whereby the SBA contracts with another federal agency to provide that agency with goods or services, and then subcontracts that obligation to a qualified small business on a noncompetitive basis. The withdrawal of these contracts from competitive bidding has recently resulted in the institution of a number of federal court suits alleging inter alia that the 8(a) Program denies to whites the equal protection …

The Fcc Computer Inquiry: Interfaces Of Competitive And Regulated Markets, Michigan Law Review

Michigan Law Review

Since the advent of computer technology, data processing and communication services have become increasingly interdependent. In 1966, the Federal Communications Commission launched the Computer Inquiry to explore the broad range of regulatory and policy problems generated by this technological development.2

Alternatives To Administrative Trial-Type Hearings For Resolving Complex Scientific, Economic, And Social Issues, Barry B. Boyer

Michigan Law Review

Within the current wave of criticism directed at the federal administrative agencies, a traditional theme of administrative law is frequently echoed: agencies have allowed their proceedings to become over-judicialized, and ought to engage in more rule-making to avoid the slow, cumbersome, and repetitious process of case-by- case adjudication. As if to confirm the urgency of these calls for greater use of the rule-making power, examples occasionally surface which suggest that trial-type proceedings may collapse under their own weight and force some agencies to resort to rule-making if they are to accomplish anything at all. Thus, the Interstate Commerce Commission has …

Judicial Review Under The Apa Of "Agency Action Committed To Agency Discretion By Law" .

Washington and Lee Law Review

No abstract provided.

Administrative Law—Scope Of Review: Review Court May Not Examine The Wisdom Of Local School Board Decision, But May Determine Whether Fundamental Rights Have Been Violated—Citizens Against Mandatory Bussing V. Palmason, 80 Wn.2d 445, 495 P.2d 657 (1972), Anon

Washington Law Review

Defendant, the Seattle School Board, attempted to implement a plan to desegregate the Seattle school system. The plan included the restructuring of school grade classifications in accordance with a "middle school" concept,' and mandatory reassignment of approximately 850 black and white sixth, seventh and eighth grade children from their "neighborhood schools"' to schools in other areas of the city. Mandatory bussing was not required, but bus transportation was to be available for those students who desired it. Plaintiffs, Citizens Against Mandatory Bussing (CAMB), obtained an injunction restraining implementation of the plan for one year. The basis for the injunction was …

The Citizen And The Environmental Regulatory Process, William D. Ruckelshaus

Indiana Law Journal

Symposium: Administrative Law and the Environment: National Fuels Policy

Administrative Agencies And The Energy Problem (Symposium Introduction), Ralph F. Fuchs

Indiana Law Journal

Administrative Law and the Environment: National Fuels Policy, Symposium

A National Policy For Energy, Lynton K. Caldwell

Indiana Law Journal

Administrative Law and the Environment: National Fuels Policy, Symposium

State Regulation Of Power Plant Siting, Vivien C. Gross

Indiana Law Journal

No abstract provided.

Natural Gas And The Federal Power Commission, Jeff Davidson

Indiana Law Journal

No abstract provided.

Administrative Law And The Environment: National Fuels Policy (Symposium Preface), Walter J. Hickel

Indiana Law Journal

Administrative Law and the Environment: National Fuels Policy, Symposium

Balancing Environmental Considerations And Energy Demands: A Comment On Calvert Cliffs' Coordinating Committee Inc. V. Aec, A. Dan Tarlock

Indiana Law Journal

Symposium: Administrative Law and the Environment: National Fuels Policy

The National Environmental Policy Act, The Freedom Of Information Act, And The Atomic Energy Commission: The Need For Environmental Information, Alice M. Craft

Indiana Law Journal

No abstract provided.

The Government May Withhold Investigatory Materials Compiled For A Law Enforcement Proceeding Which Has Been Terminated., George Aaron Taylor

St. Mary's Law Journal

Abstract Forthcoming.

Recent Trends In Transport Rate Regulation, Leonard S. Goodman

Michigan Law Review

The object of this Article is to describe the trends in the Commission's work during the 1960's in some of the areas of rate regulation that could not be settled by mere reference to costs, and in other areas of changing rate policy. This was a prolific period for the Commission, one that involved many rate innovations and a sense of new direction in certain aspects of rate regulation. The present discussion of the Commission's rate work is in no sense complete; and there is no intention to make it so. By emphasizing the decisions of the recent decade, I …

Michigan's Environmental Protection Act Of 1970: A Progress Report, Joseph L. Sax, Roger L. Conner

Michigan Law Review

The Michigan Environmental Protection Act of 1970 (EPA) represents a departure from the long-standing tradition under which control of environmental quality has been left almost exclusively in the hands of regulatory agencies: it gives to ordinary citizens an opportunity to take the initiative in environmental law enforcement.

The Public's Right To Know, Frank Horton

North Carolina Central Law Review

No abstract provided.

Public Interest Right To Participate In Federal Administrative Agency Proceedings: Scope And Effect, Wray C. Hiser

Indiana Law Journal

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Topics Discussed in Recent Cases:

Administrative Law--Freedom of Information Act--Unclassified Documents Physically Connected with Classified Documents May Not Be Withheld Under the National Security and Foreign Affairs Secrets Exemption

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Antitrust--Treble Damage Class Actions--Privity with Defendant Required To Maintain Suit

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Constitutional Law--Equal Protection-State Probate Code Discriminating in Favor of Males Violates Equal Protection Clause

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Constitutional Law--Federal Preemption--Atomic Energy Act Requires Exclusive Federal Regulation of Radioactive Discharges from Nuclear Power Plants

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Corporations -Shareholder Suits -Shareholder May Inspect Corporate Records Only for Proper Purpose Ger-mane to his Economic Interest As Shareholder, Not Merely To Further his Own Social and …

The 1971 I.C.J. Advisory Opinion On South West Africa (Nambia), Preston Brown

Vanderbilt Journal of Transnational Law

South Africa has administered the adjoining territory of South West Africa (Namibia) for over fifty years. Initially, that administration was granted to South Africa when it was designated a mandatory by the League of Nations. Since the dissolution of the League 25 years ago, South Africa's administration of the territory and, more recently, its right to administer, have been the subject of continued and escalating controversy.

The most recent development in this confused situation is the advisory opinion that was rendered in June, 1971, by the International Court of Justice. That opinion was requested by the Security Council of the …

General Assistant Programs: Review And Remedy Of Administrative Actions In Indiana, Richard A. Dean

Indiana Law Journal

No abstract provided.

Defending The Environment: A Strategy For Citizen Action, By Joseph L. Sax, A. Dan Tarlock

Indiana Law Journal

No abstract provided.

The Parole Board's Duty Of Self-Regulation, John P. Quinn

University of Michigan Journal of Law Reform

This article examines the Michigan Parole Board in terms of its structure, mode of operation, and certain legal issues raised by its procedures. The note argues that the Board's and the legislature's concept of professional, scientific decision-making is not an adequate substitute for the checks and balances which confine and control the discretion of other governmental agencies, and furthermore, that this concept is inconsistent with both the letter and spirit of the Michigan Administrative Procedures Act (MAPA or Act). Thereafter, an approach is suggested by which the Act can be used as a tool to legitimate and rationalize Parole Board …

Written Evidence In Administrative Proceedings: A Plea For Less Talk, Roger J. Corber

University of Richmond Law Review

The notion that talk is the absence of thought is more poetry than analysis. Nevertheless, lawyers know that all talk is not thought and that there is at least a grain of truth in the poet's logic. Some of the same logic may mercifully be applied to the proceedings of ad- ministrative agencies to test whether all the talk in such proceedings is necessary to a rational result and sound implementation of public policy.

Administrative, Judicial And Natural Systems: Agency Response To The National Environmental Policy Act Of 1969, Richard Alan Liroff

Loyola University Chicago Law Journal

No abstract provided.

Administrative Law - Federal Court Have Jurisdiction To Enjoin Non-Final Interstate Commerce Commission Orders Upon Agency Failure To Comply With National Environmental Policy Act, Joan M. Roller

Villanova Law Review

No abstract provided.

Recent Legislation, J. Rodney Johnson

University of Richmond Law Review

The 1972 session of the General Assembly was especially active in the areas of wills, trusts, and estates. Much of this legislation deals with fine points not affecting the average lawyer in his practice. However, the following items of legislation should be of general interest to the attorney whose practice involves probate work or estate planning, even though he does not hold himself out as a specialist in these areas.

Unemployment Without Fault: Disqualifications For Unemployment Insurance Benefits, David R. Packard

Villanova Law Review

No abstract provided.

Executive Orders And The Development Of Presidential Power, William Hebe

Villanova Law Review

No abstract provided.