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Articles 1 - 30 of 31
Full-Text Articles in Law
A New Approach To Review Of Nepa Findings Of No Significant Impact, Geoffrey Garver
A New Approach To Review Of Nepa Findings Of No Significant Impact, Geoffrey Garver
Michigan Law Review
This Note examines the confused array of judicial approaches for reviewing agency findings of no significant environmental impact and proposes a standardized, comprehensive approach that ensures compliance with both the procedural and substantive aspects of NEPA. Part I reviews agency procedures mandated by NEPA which ensure that agencies develop a detailed record for judicial scrutiny and constitute the legal basis against which to check agency threshold decisions. Part II examines the conflicting approaches of the lower courts, emphasizing their reliance on Supreme Court decisions, their characterization of the threshold decision as legal or factual, and the burden of proof each …
Private Exercise Of Governmental Power, David M. Lawrence
Private Exercise Of Governmental Power, David M. Lawrence
Indiana Law Journal
No abstract provided.
The Dilution Of The Clean Water Act, Mark C. Van Putten, Bradley D. Jackson
The Dilution Of The Clean Water Act, Mark C. Van Putten, Bradley D. Jackson
University of Michigan Journal of Law Reform
This Article argues that the zero discharge goal of the Clean Water Act is more than naive rhetoric. To the contrary, it is the Act's raison d'être, and it is woven into the fabric of the Act's operative provisions. So understood, the zero discharge goal can and should provide continuing guidance for EPA's implementation of the Act.
Pennsylvania's Implementation Of The Surface Mining Control And Reclamation Act: An Assessment Of How "Cooperative Federalism" Can Make State Regulatory Programs More Effective, John C. Dernbach
University of Michigan Journal of Law Reform
This Article first explains the background against which Pennsylvania's implementation of SMCRA has occurred. Coal mining has had a serious and continuing effect on the State's environment, as Part I explains. In response to these effects, Pennsylvania began to regulate coal mining many decades ago. This regulatory development reached a milestone when the State achieved primacy under SMCRA in 1982.
Part II suggests that the new program in Pennsylvania has been responsible for substantial reductions in adverse environmental effects from surface coal mining, particularly less erosion and sedimentation, less acid mine drainage, and more backfilling. In addition, Part II explains …
Crosscurrents In Anglo-American Administrative Law, Paul R. Verkuil
Crosscurrents In Anglo-American Administrative Law, Paul R. Verkuil
William & Mary Law Review
No abstract provided.
Reflections On Preclusion Of Judicial Review In England And The United States, Sandra Day O'Connor
Reflections On Preclusion Of Judicial Review In England And The United States, Sandra Day O'Connor
William & Mary Law Review
No abstract provided.
Placing The Facts Of Administrative Decisionmaking Before Reviewing Courts: English And American Techniques, Roberts B. Owen
Placing The Facts Of Administrative Decisionmaking Before Reviewing Courts: English And American Techniques, Roberts B. Owen
William & Mary Law Review
No abstract provided.
Administrative Law In England: The Emergence Of A New Remedy, D. G.T. Williams
Administrative Law In England: The Emergence Of A New Remedy, D. G.T. Williams
William & Mary Law Review
No abstract provided.
Judicial Review Of National Security Decisions: United States And United Kingdom, Charles D. Ablard
Judicial Review Of National Security Decisions: United States And United Kingdom, Charles D. Ablard
William & Mary Law Review
No abstract provided.
Taking A Byte Out Of Abusive Agency Discretion: A Proposal For Disclosure In The Use Of Computer Models, John P. Barker
Taking A Byte Out Of Abusive Agency Discretion: A Proposal For Disclosure In The Use Of Computer Models, John P. Barker
University of Michigan Journal of Law Reform
This Note examines the need for comprehensive requirements for the release of information pertaining to the use of computer-generated simulations used by federal administrative agencies or parties appearing before regulatory bodies. Part I of this Note defines computer models, identifies some of their current uses in administrative proceedings and describes the advantages of these models. Part II reviews the current requirements for documentation of computer models and the judicial review standards for agency findings. Part III examines the potential problems in the use of models and discusses the need for more adequate disclosure. Part IV describes several tests for verifying …
Misregulating Television: Network Dominance And The Fcc, Robert R. Morse Jr.
Misregulating Television: Network Dominance And The Fcc, Robert R. Morse Jr.
Michigan Law Review
A Review of Misregulating Television: Network Dominance and the FCC by Stanley M. Besen, Thomas G. Krattenmaker, A. Richard Metzger, Jr. and John R. Woodbury
The Impact Of American Laws On Foreign Legal Gambling, I. Nelson Rose
The Impact Of American Laws On Foreign Legal Gambling, I. Nelson Rose
NYLS Journal of International and Comparative Law
No abstract provided.
Administrative Law, John F. Donogher
Annual Survey Of Virginia Law: Administrative Procedure, John Paul Jones
Annual Survey Of Virginia Law: Administrative Procedure, John Paul Jones
University of Richmond Law Review
Since the last report, administrative law in Virginia has continued to develop on both the legislative and judicial fronts. This year's General Assembly enacted amendments to the state's administrative procedure statute which embody the third and final round of recommendations by the Governor's Regulatory Reform Advisory Board. The major changes were the standardization of procedures for obtaining judicial review of state agency action and the embodiment in statute of a corps of independent hearing officers.
Note: This submission also includes a small preface from the Law Review Editorial Staff.
Special Project--Feast Or Famine: Issues, Problems, And Procedures Relating To Massive Relief Efforts With A Focus On The African Crisis, Peggy F. Brandenburg, Susan N. Burgess, Scott N. Greenspun, Sharon M. Janarek, Patrick M. Thomas, Linda L. Kotis
Special Project--Feast Or Famine: Issues, Problems, And Procedures Relating To Massive Relief Efforts With A Focus On The African Crisis, Peggy F. Brandenburg, Susan N. Burgess, Scott N. Greenspun, Sharon M. Janarek, Patrick M. Thomas, Linda L. Kotis
Vanderbilt Journal of Transnational Law
"The profound promise of our era is that for the first time we may have the technical capacity to free mankind from the scourge of hunger. Therefore, today we must proclaim a bold objective--that within a decade no child will go to bed hungry, that no family will fear for its next day's bread, and that no human being's future and capacities will be stunted by malnutrition."
One decade later, the ongoing drought and famine in Ethiopia, Chad, Mozambique and other African countries cruelly portray the failure of that promise. Each year, millions of dollars worth of aid, much of …
Virginia Should Open Its Courthouse Doors To Review Administrative Decisions Involving Public Assistance, Christopher Allen Stump, Jill A. Hanken
Virginia Should Open Its Courthouse Doors To Review Administrative Decisions Involving Public Assistance, Christopher Allen Stump, Jill A. Hanken
University of Richmond Law Review
Virginia's courts interpret the Virginia Administrative Process Act (VAPA) to prohibit judicial review of administrative decisions that grant or deny public assistance funds. Virginia is therefore one of only three states which fail to provide judicial review of such decisions. This article advocates judicial review of public assistance hearing decisions on the basis of principles of statutory construction and constitutional law. The article concludes that Virginia's minority status indicates a failure to meet traditional notions of fairness.
The National Labor Relations Board's Policy Of Deferring To Arbitration, James I. Briggs, Jr.
The National Labor Relations Board's Policy Of Deferring To Arbitration, James I. Briggs, Jr.
Florida State University Law Review
No abstract provided.
Access To Florida Administrative Proceedings, Patricia A. Dore
Access To Florida Administrative Proceedings, Patricia A. Dore
Florida State University Law Review
No abstract provided.
Interstate Commerce Commission V. American Trucking Associations, Inc.
Interstate Commerce Commission V. American Trucking Associations, Inc.
Touro Law Review
No abstract provided.
Mendaro V. The World Bank, Megha Bhouraska
Mendaro V. The World Bank, Megha Bhouraska
NYLS Journal of International and Comparative Law
No abstract provided.
Doctrine Of Administrative Inconvenience At Federal Communications Commission, Warren G. Lavey
Doctrine Of Administrative Inconvenience At Federal Communications Commission, Warren G. Lavey
Loyola University Chicago Law Journal
No abstract provided.
Some Reflections On Gramm-Rudman-Hollings, Gordon G. Young
Some Reflections On Gramm-Rudman-Hollings, Gordon G. Young
Maryland Law Review
No abstract provided.