Comparative and Foreign Law Commons^™

The Role Of The Courts In Guarding Against Privatization Of Important Public Environmental Resources, Melissa K. Scanlan

Michigan Journal of Environmental & Administrative Law

Drinking water, beaches, a livable climate, clean air, forests, fisheries, and parks are all commons, shared by many users with diffuse and overlapping interests. These public natural resources are susceptible to depletion, overuse, erosion, and extinction; and they are under increasing pressures to become privatized. The Public Trust Doctrine provides a legal basis to guard against privatizing important public resources or commons. As such, it is a critical doctrine to counter the ever-increasing enclosure and privatization of the commons as well as ensure government trustees protect current and future generations. This Article considers separation of powers and statutory interpretation in …

Procedural Due Process In Administrative Law: Some Thoughts From The French Experience, Richard L. Herrmann

University of Michigan Journal of Law Reform

As administrative law has grown so have the suggestions for change and reform. During the last thirty years a recurrent proposal has been that Congress create a federal administrative court. The first such bill was introduced in 1933 by Senator George Norris. In the same year the American Bar Association also championed the creation of such a court. Bills advocating an administrative court were again introduced in the Seventy-Fourth, Seventy-Fifth, and Seventy-Sixth Congress. The most recent proposal came in 1949. None were ever passed.

Citizens' Grievances Against Administrative Agencies--The Yugoslav Approach, Walter Gellhorn

Michigan Law Review

Yugoslavia, with a population of nearly twenty million, occupies a territory slightly larger than the United Kingdom. Professedly "communist" in philosophy, increasingly "democratic" in practice, it recognizes that the supposed interests of the State do not preclude attention to individual rights as well. In recent years Yugoslavia, like the United States, has earnestly sought efficient means of examining complaints about public administration. The present article sketches some of the measures that protect citizens against official abuse or mistake.

Judicial Review In Europe, Gottfried Dietze

Michigan Law Review

The years following the Second World War witnessed a wave of constitution making in Europe. In East and West alike, popular government was instituted through new basic laws. But whereas the constitutions of Eastern Europe established a Rousseauistic form. of democracy through the creation of an omnipotent legislature, those of the West, while reflecting a belief in parliamentary government, to a larger or smaller degree limited the power of the legislature through the introduction of judicial review. This acceptance of judicial review can be attributed mainly to two factors. It sprung from a distrust of a parliamentarism under which, during …

A Decade Of Administrative Law: 1942-1951, Bernard Schwartz

Michigan Law Review

The past ten years have been particularly momentous ones in the development of American administrative law. It is, indeed, not too much to say that there are few, if any, aspects of that field which have not witnessed important changes during that time. It is for this reason that an analysis of administrative law developments during the past decade should prove useful. However valuable an annual survey of the law may be, it suffers from the shortness of the period which it covers. An analysis of developments during a decade enables a broader perspective to be obtained.

It will be …