Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Circuit Courts With Plenary Jurisdiction And Administrative Agencies With Exclusive Jurisdiction: Can They Peacefully Coexist In Missouri, Paul M. Spinden
Circuit Courts With Plenary Jurisdiction And Administrative Agencies With Exclusive Jurisdiction: Can They Peacefully Coexist In Missouri, Paul M. Spinden
Missouri Law Review
Part II examines this provision, including its impetus. Part III considers J.C.W.’s exposition of jurisdiction and focuses on its contention that the Missouri Constitution necessarily excludes statutory restrictions on the judiciary’s exercise of subject matter jurisdiction. Part IV closely examines McCracken’s application of J.C.W.’s analysis to the issue of exclusive administrative remedies and agency jurisdiction. Finally, Part V suggests alternative analyses that maintain exclusive remedies for workers’ compensation and other administrative agencies while preserving the circuit courts’ plenary subject matter jurisdiction.
Science, Politics, And Administrative Legitimacy , Louis J. Virelli Iii
Science, Politics, And Administrative Legitimacy , Louis J. Virelli Iii
Missouri Law Review
Administrative agencies in the United States and other constitutional democracies around the world are continually faced with difficult questions about the legitimacy of their decisions.1 Each of these legitimacy questions in turn raises important second-order questions about how agencies should view their role within a constitutional democracy: How closely should agency decisions reflect popular political will? When and to what degree are deviations from popular opinion justified, and what measures should be taken to reduce the gap between regulators and the governed? What other sources of information are critical to agency decision making, and how should those inputs be treated …