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Full-Text Articles in Law

Administrative Law, Wiley W. Manuel Nov 2010

Administrative Law, Wiley W. Manuel

Cal Law Trends and Developments

The year 1969 produced little in the way of legislation affecting administrative law, and the cases reviewing administrative action noted here are not necessarily included because they indicate anything new, but because they indicate someone did not understand what is old. The decisions of the Department of Motor Vehicles, in particular, have been the subject of most of the litigation during the past year. These cases present most clearly the struggle of the courts to evolve some unifying principles in the application of the law to the driver who drinks. Not all the cases are in harmony, but trends seem …


Administrative Law, Wiley W. Manuel Nov 2010

Administrative Law, Wiley W. Manuel

Cal Law Trends and Developments

In the period from October 1967 to October 1968, the field of administrative law has continued to receive attention by the appellate courts. In the area of case law the emphasis in the past year has centered on proceedings held by the Department of Motor Vehicles arising out of the so-called implied consent law. These cases have resulted in refinements in the statement of certain constitutional principles, the recognition of newer methods to promote traffic safety, and more definitive applications of administrative law concepts. In the field of legislation, although many statutes were passed affecting administrative agencies, most of the …


Administrative Agencies, Garrett Elmore Oct 2010

Administrative Agencies, Garrett Elmore

Cal Law Trends and Developments

The past year has seen a cross section of administrative law at work. If there is any discernible trend, it is that both the California courts and the California legislature seem keenly aware of the problems of balance that are involved in agency procedures and in the judicial review of an agency's act or decision. It may be speculated that in such balancing, continued attention will be given to such matters as prehearing discovery and conferences, the adequacy of findings of fact in particular situations, and the relationship between administrative remedies and court determinations.

This article will consider the year's …


Administrative Law - Administrative Exhaustion Or Private Rights Of Action: Priorities In Educating Students With Disabilities, Caren Jenkins Sep 2010

Administrative Law - Administrative Exhaustion Or Private Rights Of Action: Priorities In Educating Students With Disabilities, Caren Jenkins

Golden Gate University Law Review

In Dreher v. Amphitheater Unified School Dist., the Ninth Circuit held that a school district need neither provide nor bear the cost of providing certain individualized educational services to students with disabilities. A school district must furnish only those services outlined in an individualized education plan (hereinafter "IEP"), developed annually by the local educational agency, for each individual with a disability. Required to supply a free appropriate education by federal law, a school district must offer the special education and related services necessary to meet the unique needs of the individual. However, a school district has no responsibility to render …


Administrative Law - Barlow-Gresham Union High School Dist. No.2 V. Mitchell: Attorneys' Fees Awarded When Settlement Reached Prior To Due Process Hearing, Sara Vukson Winter Sep 2010

Administrative Law - Barlow-Gresham Union High School Dist. No.2 V. Mitchell: Attorneys' Fees Awarded When Settlement Reached Prior To Due Process Hearing, Sara Vukson Winter

Golden Gate University Law Review

No abstract provided.


Administrative Law Summary, John Glenn Karris Sep 2010

Administrative Law Summary, John Glenn Karris

Golden Gate University Law Review

No abstract provided.


Adminsitrative Law, Lynne Avakian Sep 2010

Adminsitrative Law, Lynne Avakian

Golden Gate University Law Review

No abstract provided.


Administrative Law, Kathleen Eldridge, Herbert F. Miller Sep 2010

Administrative Law, Kathleen Eldridge, Herbert F. Miller

Golden Gate University Law Review

No abstract provided.


Administrative Law, Gilbert Gaynor, Susan D. Hainline Sep 2010

Administrative Law, Gilbert Gaynor, Susan D. Hainline

Golden Gate University Law Review

No abstract provided.


Citizen Petitioning Of Federal Administrative Agencies - Domestic Infant Formula Misuse: A Case Study, Leslye E. Orlolf Sep 2010

Citizen Petitioning Of Federal Administrative Agencies - Domestic Infant Formula Misuse: A Case Study, Leslye E. Orlolf

Golden Gate University Law Review

This Comment will demonstrate how to petition federal agencies, how administrative petitioning has been used to resolve women's health care problems and how it may be used to work on other women's health issues. The Petition to Alleviate Domestic Infant Formula Misuse and Provide Informed Infant Feeding Choice will serve as a case study for the petitioning process. Additionally, this Comment will explore the legal remedies petitioners have under the Administrative Procedure Act when federal agencies fail to act on a petition, as well as discuss the extent to which courts will order agencies to act responsibly.


Administrative Law, Harry Michael Auerbach Aug 2010

Administrative Law, Harry Michael Auerbach

Golden Gate University Law Review

No abstract provided.


Administrative Law, Hal R. Fretwell Aug 2010

Administrative Law, Hal R. Fretwell

Golden Gate University Law Review

No abstract provided.


Administrative Law, Lucy B. Robins Aug 2010

Administrative Law, Lucy B. Robins

Golden Gate University Law Review

No abstract provided.


The Ninth Circuit's "Clarifications" In Lands Council V. Mcnair: Much Ado About Nothing?, Keith G. Bauerle Aug 2010

The Ninth Circuit's "Clarifications" In Lands Council V. Mcnair: Much Ado About Nothing?, Keith G. Bauerle

Golden Gate University Environmental Law Journal

In this Article, I will first provide some background for the issues treated in the decision, beginning with the NFMA’s and NEPA’s statutory and regulatory requirements and how they were interpreted in the two Ninth Circuit cases that lead to the McNair decision, Lands Council v. Powell and Ecology Center v. Austin. I will then outline the history of the Lands Council v. McNair litigation, and from there discuss the Ninth Circuit’s en banc decision. Placing the decision in the context of the circuit’s NFMA and NEPA jurisprudence, I argue that the decision’s holdings, on their own, do not constitute …