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Administrative Law

1990

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Articles 301 - 312 of 312

Full-Text Articles in Law

Book Review. Judicial Rhetoric And Administrative Law, John S. Applegate Jan 1990

Book Review. Judicial Rhetoric And Administrative Law, John S. Applegate

Articles by Maurer Faculty

No abstract provided.


The Proper Scope Of Nonlawyer Representation In State Administrative Proceedings: A State Specific Balancing Approach, Gregory T. Stevens Jan 1990

The Proper Scope Of Nonlawyer Representation In State Administrative Proceedings: A State Specific Balancing Approach, Gregory T. Stevens

Vanderbilt Law Review

Administrative adjudication has become an essential aspect of the American system of government as the need for dispute resolution outside the courtroom increases. To foster alternative dispute resolution, the authorization of nonlawyers to appear as representatives in administrative proceedings presents a viable response to increasing litigation costs and a burdened court system. Accordingly, the federal administrative system, through broad enabling statutes, allows individual agencies to prescribe the proper scope of nonlawyer representation of clients during agency proceedings.1 The individual states, however,have not adopted such a uniform approach. The inability of the individual states to establish an adequate regulatory system largely …


Mandates, Legal Foundations, Powers And Conduct Ofcommissions Of Inquiry, A. Wayne Mackay Jan 1990

Mandates, Legal Foundations, Powers And Conduct Ofcommissions Of Inquiry, A. Wayne Mackay

Dalhousie Law Journal

Indeed, it may be just as difficult to disentangle law and politics as it is to separate religious and sexual passions. While law has traditionally been presented as more value-neutral than politics, in either its academic or applied form, the inaccuracy of this view of law is becoming widely recognized. Value choices have always been a vital aspect of legal adjudication and the arrival of the Canadian Charter of Rights and Freedoms in 1982 has forced judges to be more overt about this aspect of their job.' The separation of law and politics is more a matter of mythology than …


The Commission And Its Report: Public Education, Advocacy And Lobbying, A Cairns, S Grange J, E C. Harris Jan 1990

The Commission And Its Report: Public Education, Advocacy And Lobbying, A Cairns, S Grange J, E C. Harris

Dalhousie Law Journal

Mr. Harris: The question concerning the justification of commissions of inquiry has been raised in the preceding discussions. If their sole justification is having the bulk of their recommendations implemented, the institution probably would have died out long ago. Nevertheless, it must be of considerable concern to commissioners that the record has not been good in terms of implementation and one of the questions that perhaps will determine how successful commissions are in this respect has to do with what happens when the report is delivered and thereafter. These questions will be largely the subject of the panel that we …


The Two Contradictions In Public Inquiries, Liora Salter Jan 1990

The Two Contradictions In Public Inquiries, Liora Salter

Dalhousie Law Journal

Given how frequently they are commissioned, it is surprising how little has been written about inquiries and, more particularly, about the role of science and advocacy within them.' The lack of serious attention paid to inquiries may be a product of their diversity. For example, inquiries include royal commissions and consultative committees and risk assessments. Some of these inquiries have wide-ranging mandates, commission extensive research and actively solicit public commentary, while others are more closely akin to legal proceedings. Grouping such different objectives and activities under a single category - namely, inquiries - is intrinsically difficult. Or the reason for …


Retaining The Rule Of Law In A Chevron World, Michael A. Fitts Jan 1990

Retaining The Rule Of Law In A Chevron World, Michael A. Fitts

All Faculty Scholarship

No abstract provided.


Penalties In Settlements Of Citizen Suit Enforcement Actions Under The Clean Water Act, Marcia R. Gelpe Jan 1990

Penalties In Settlements Of Citizen Suit Enforcement Actions Under The Clean Water Act, Marcia R. Gelpe

Faculty Scholarship

This article critiques the feminist view Ute Gerhard offers in “Debating Women's Equality: Toward a Feminist Theory of Law from a European Perspective”. Throughout Debating Women's Equality, Gerhard appears to have three ambitious objectives in mind: (1) to decry the paucity of research into women's legal history while beginning to do the needed work, focusing primarily on Germany but also broadly exploring European trends, (2) to demonstrate that German/European women's legal history ultimately vindicates reliance on “equal rights” as a political strategy for women, and (3) to develop an understanding of legal equality that can serve as a meaningful tool …


Separation Of Powers Under The Texas Constitution, Harold H. Bruff Jan 1990

Separation Of Powers Under The Texas Constitution, Harold H. Bruff

Publications

No abstract provided.


Multilateral Lending Activities/Development Assistance And Sustainable Development, David Wirth Dec 1989

Multilateral Lending Activities/Development Assistance And Sustainable Development, David Wirth

David A. Wirth

No abstract provided.


Remarks (As Panelist) On "International Law: The Year In Review.", David A. Wirth Dec 1989

Remarks (As Panelist) On "International Law: The Year In Review.", David A. Wirth

David A. Wirth

No abstract provided.


Hello Darkness: Involuntary Testimony And Science As Evidence In Deportation Proceedings, Daniel Kanstroom Dec 1989

Hello Darkness: Involuntary Testimony And Science As Evidence In Deportation Proceedings, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.


Judicial Review Of Amnesty Denials: Must Aliens Bet Their Lives To Get Into Court?, Daniel Kanstroom Dec 1989

Judicial Review Of Amnesty Denials: Must Aliens Bet Their Lives To Get Into Court?, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.