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Full-Text Articles in Law
A Model For Determining The Publication Requirements Of Section 552(A)(1) Of The Administrative Procedure Act, Michael J. Kump
A Model For Determining The Publication Requirements Of Section 552(A)(1) Of The Administrative Procedure Act, Michael J. Kump
University of Michigan Journal of Law Reform
This article addresses the question of when the publication rule requires an agency to publish its results in the Federal Register, particularly "interepretations of general applicability" and "statements of general policy." The vast number of recent cases involving violations of the publication rule provide ample· impetus for settling this controversy. Of striking significance is the broad spectrum across which these cases stretch: food stamp cases, prison matters, and immigration disputes. The list is as broad as the range of administrative practice.
The Use Of Collateral Estoppel By A Private Party In Suits Against Public Agency Defendants, John Kelly, David Rothenberg
The Use Of Collateral Estoppel By A Private Party In Suits Against Public Agency Defendants, John Kelly, David Rothenberg
University of Michigan Journal of Law Reform
Collateral estoppel has been defined as "the facet of the doctrine of judicial finality that deals with a judgment's conclusive effect in a suit on another cause of action." It precludes relitigation of a previously decided issue when that same issue arises in the context of a subsequent suit based on a different claim.
Traditionally, a party seeking to assert collateral estoppel must establish three elements: (1) identity with an issue actually and necessarily litigated in the prior case, (2) mutuality of parties, that is, the same parties or their privies in the second case as in the first, and …
Putting Bite In Nepa's Bark: New Council On Environmental Quality Regulations For The Preparation Of Environmental Impact Statements, David M. Lesser
Putting Bite In Nepa's Bark: New Council On Environmental Quality Regulations For The Preparation Of Environmental Impact Statements, David M. Lesser
University of Michigan Journal of Law Reform
This article will examine the new regulations to assess the manner in which they will affect federal decisionmaking. Part I briefly reviews the role the NEPA process has heretofore played in agency decisionmaking and its potential for the future. Parts II, III, and IV discuss specific provisions of the new regulations which may profoundly affect the agencies. Part II examines those sections of the regulations which seek to ensure that the EIS contains the substantive information necessary to fulfill NEPA's policies. Part III discusses significant procedural changes in the environmental assessment process designed to insure that this substantive information is …