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Standing, The "New Property," And The Costs Of Welfare: Dilemmas In American And West German Provider-Administration, Robert Dugan
Standing, The "New Property," And The Costs Of Welfare: Dilemmas In American And West German Provider-Administration, Robert Dugan
Washington Law Review
The overwhelming increase in governmental welfare, subsidy, and licensing programs in the United States' recent history has prompted substantial acadenic controversy and judicial uncertainty over the requisites for standing to challenge the decisions of our provider-administration. Looking beyond our traditional theories, Mr. Dugan examines recent decisions of the West German Federal Administrative Court with respect to mandatory and discretionary governmental benefits which are deemed to create rights in their intended beneficiaries. He argues that the most sound analytical approach to the problem as we now view it would be to apply a "violated right" standard, since injury depends upon violation …
The Right To Fair Hearing In Japanese Administrative Law, Nathaniel L. Nathanson, Yasuhiro Fujita
The Right To Fair Hearing In Japanese Administrative Law, Nathaniel L. Nathanson, Yasuhiro Fujita
Washington Law Review
The right to fair hearing in contemporary Japanese administrative law is a tender plant, lacking deep roots in historical tradition, and struggling for survival in a relatively hostile environment, Fair hearing was a concept practically unknown to the administrative law of pre-war Japan, which, taking its cue from German and French law, relied principally, not on the procedural rights of the individual, but rather upon the skill and dedication of administrators for the achievement of efficiency and justice, with only occasional judicial review by the Administrative Court. The Anglo-American maxim that "he who decides must hear" was indeed foreign to …
Civil Procedure In France, By Peter Herzog With Martha Weser(1967), Jean-Louis Baudouin
Civil Procedure In France, By Peter Herzog With Martha Weser(1967), Jean-Louis Baudouin
Washington Law Review
The Columbia University School of Law project on international procedure has already published three books on foreign civil procedure. Civil Procedure in France is a significant and most important addition to this series, for to my knowledge it constitutes the first comprehensive study of modern French civil procedure in the English language.