Administrative Law Commons^™

Scrutiny Of Osha Regulations In The Courts: A Study Of Judicial Activism, Elizabeth C. Gay

University of Richmond Law Review

Little trace of the concept of judicial deference can be found in the Fifth Circuit's recent ruling in American Petroleum Institute v. Occupational Safety and Health Administration. Against the background of a slowly emerging body of law regarding the scope of judicial review of Occupational Safety and Health Administration regulations, the Fifth Circuit's decision represents a bold extension of the court's authority to define the parameters of OSHA's regulatory authority. Whether this case in fact signals a new wave of judicial activism will soon be determined by the United States Supreme Court. But regardless of the Supreme Court's ultimate resolution …

Ex Parte Communication In Informal Rulemaking: Judicial Intervention In Administrative Procedures, Michael E. Ornoff

University of Richmond Law Review

Over the past several years, a controversy has arisen, particularly among different panels of the United States Court of Appeals for the District of Columbia Circuit, regarding the use of ex parte communications in informal administrative rulemaking. Numerous theories for extending such a prohibition beyond the express language of the Administrative Procedures Act have been advanced in recent judicial opinions.

Of Crabbed Interpretations And Frustrated Mandates: The Effect Of Environmental Policy Acts On Pre-Existing Agency Authority, Carl W. Tobias, Daniel N. Mclean

Law Faculty Publications

When Congress passed the National Environmental Policy Act (NEPA) in 1969, the legislation was acclaimed as one of the most important environmental measures ever enacted. States soon followed the federal lead, so that by 1976 thirty jurisdictions had adopted statutes similar to the national legislation. The Montana legislature was in the vanguard, passing the Montana Environmental Policy Act (MEPA) in 1971.

The federal agencies now appear to have accepted full responsibility for implementation of NEPA, despite some initial reluctance. Several agencies contended at first that the statute did not authorize them to consider in decisionmaking any environmental factors not expressly …

Congressional Reaction To Tva V. Hill: The 1978 Amendments To The Endangered Species Act, John R. Walk

University of Richmond Law Review

The first comprehensive legislation for the protection of endangered species was the Endangered Species Conservation Act of 1966. It provided for "a program for the conservation, protection, restoration, and propagation of selected species of native fish and wildlife ... that are threatened with extinction."' In 1969, Congress expanded the Act in several important respects; however, it became apparent, as stated in 1972 by President Nixon, that the existing legislation "simply [did] not provide the kind of management tools needed to act early enough to save a vanishing species."'

Regulation Of Consumer Credit In Virginia: A Suggestion For Legislative Improvement, Douglas P. Rucker Jr., William C. French

University of Richmond Law Review

The American economic system is the most successful yet developed, and consumer credit has played a vital role in that economy. Consumer credit has experienced tremendous growth, and has adjusted to the demands of changing life-styles, economic needs, and geographic distinctions, as well as to the different types of consumer goods which have become available with a minimal amount of government intervention. What government intervention there has been has involved restraint and restriction. There now exists the need to improve the consumer credit industry to enable the citizens of Virginia to continue to be able to obtain both the necessities …

Understanding Judicial Review Of Federal Agency Action: Kafkaesque And Langdellian, Gary C. Leedes

University of Richmond Law Review

This article identifies the key factors that are taken into consideration by federal judges empowered to apply and give doctrinal content to the rules governing judicial review. The original inspiration was more modest. The article, as conceived, was to be simply an attempt to clarify the concept of reviewability. After some thinking about the topic, the close relationship between the concept of reviewability and other concepts of judicial review became clearer to me, and I decided that a useful antidote to the customary analysis, which emphasizes distinctions among these various concepts, is to emphasize their similarities.

Securing A Valid Annexation In Virginia: State And Federal Requirements

University of Richmond Law Review

Municipal expansion by the annexation of surrounding territory involves two separate and distinct procedures in Virginia. Due to the Commonwealth's coverage under the Voting Rights Act of 1965, municipalities seeking annexation must obtain federal approval in addition to satisfying the requirements of state law. Compliance with the Act requires an affirmative showing that the expansion is nondiscriminatory in both its purposes and effects with regard to minority voting strength. Failure to meet these fed- eral requirements will invalidate the annexation, irrespective of its compliance with state law. This note will first examine the law of annexation in Virginia, highlighting its …

Administrative Law-Incompleted Title Vii Administrative Proceedings Not-Terminated By Judicial Review- Federal Employee May Present New Evidence In Court

University of Richmond Law Review

The Equal Employment Opportunity Act of 1972 (EEOA) extended certain provisions of Title VII of the Civil Rights Act of 1964 to federal employees. One such provision extended is contained in § 717(c) . Under this section a federal employee alleging employment discrimination is granted access to a United States district court in two situations: when administrative relief is not provided within 180 days after the filing of the original complaint; or, upon final action being taken by either the agency involved or the Civil Service Commission.

The "Elaborate Interweaving Of Jurisdiction:" Labor And Tax Administration And Enforcement Of Erisa And Beyond, John W. Lee

University of Richmond Law Review

On Labor Day 1974, President Ford signed into law~the Employee Retirement Income Security Act of 1974, commonly known by its acronym ERISA. The genesis of ERISA is found in a study released in 1965 by the President's Committee on Corporate Pension Fund and Other Private Retirement and Welfare Programs, titled "Public Policy and Private Pension Programs-A Report to the President on Private Employee Retirement Plans." The Committee had been established in 1962 by President Kennedy in recognition of the growth of the pension industry and the need for reform. The report made recommendations as to vesting; funding; termination insurance and …

Federal Regulation Of Home Closings- The Real Estate Settlement Procedures Act Of 1974, Edward S. Hirschler

University of Richmond Law Review

Many years ago, the licensing of lawyers in Virginia was the direct obligation of the Supreme Court of Appeals. As part of the procedure, the applicant presented himself to the Court for examination. One hopeful was unable to define a tort, could not give the basic requirements of a contract and had no idea of what was meant by fee simple.

Regulation Of Television Program Content By The Federal Communications Commission, Walter H. Sweeney

University of Richmond Law Review

On Thursday, September 20, 1973, from 9:00 p.m. to 11:15 p.m., the Columbia Broadcasting System presented "Bonnie and Clyde," a film featuring extraordinary portrayals of violence, including close-ups of participants being shot in the face. This movie was scheduled by CBS to counteract the highly publicized tennis match between Bobby Riggs and Billie Jean King being shown by the American Broadcasting Company. The following Saturday, during prime time, ABC aired "Rosemary's Baby," a horror film involving the possession of a pregnant woman by Mephistopheles leading to the birth of a devil. This program followed the children-oriented "Patridge Family" show. While …

Written Evidence In Administrative Proceedings: A Plea For Less Talk, Roger J. Corber

University of Richmond Law Review

The notion that talk is the absence of thought is more poetry than analysis. Nevertheless, lawyers know that all talk is not thought and that there is at least a grain of truth in the poet's logic. Some of the same logic may mercifully be applied to the proceedings of ad- ministrative agencies to test whether all the talk in such proceedings is necessary to a rational result and sound implementation of public policy.

Recent Legislation, J. Rodney Johnson

University of Richmond Law Review

The 1972 session of the General Assembly was especially active in the areas of wills, trusts, and estates. Much of this legislation deals with fine points not affecting the average lawyer in his practice. However, the following items of legislation should be of general interest to the attorney whose practice involves probate work or estate planning, even though he does not hold himself out as a specialist in these areas.

Recent Legislation

University of Richmond Law Review

This is a list of the recent legislation from 1970.

Administrative Practice Before Federal Agencies, William H. Sager, Leslie S. Shapiro

University of Richmond Law Review

There exist more than forty federal executive and administrative agencies before which lawyers (and in many cases, laymen) may practice and serve the interests of clients. The complexities of our society, the specializations which are a by-product of a complex industrial state, and the persistent growth of government's bureaucracy, point up the continuing importance of practice before federal administrative agencies.

Self-Regulation-Panacea Or Pitfall?, William D. Dixon

University of Richmond Law Review

Several recently announced Federal Trade Commission advisory opinions have revived anew the controversy surrounding what a businessman can and cannot do in the area of self-regulation. The reasons for the existence of the controversy can be readily understood, for on the one hand businessmen are being constantly urged by those within the federal government to clean their own houses before the Government is forced to do the job for them, and yet on the other they are faced with the specter of an antitrust prosecution if they do anything toward that end which they feel will be in any way …

Recent Decisions

University of Richmond Law Review

This is a summary of the case law from 1968.

Annual Survey Of Virginia Law - Administrative Law, William Hamilton Bryson

Law Faculty Publications

This year's survey of Administrative Law focuses upon the four cases involving administrative agencies or municipal corporations decided last term by courts sitting in Virginia. Though few in number, the cases presented a wide range of issues including the review of a determination of the State Corporation Commission on an application for a branch bank, a condemnation case, the availability of a tort remedy against a municipal corporation and a contest over the constitutionality of the Virginia Industrial Building Authority.