Law Commons^™

Relaxation Of Implementation Plans Under The 1977 Clean Air Act Amendments, David P. Currie

Michigan Law Review

This Article probes the convoluted ameliorative provisions of the 1977 Amendments in three parts. Section I deals with delayed compliance orders - orders granted to stationary sources unable to meet the statutory deadlines for compliance. Section 113( d) is the fountainhead provision, and besides a general provision for delayed compliance, it also contains specific provisions for sources unable to comply due to retirement of present facilities, due to investment in innovative facilities with the promise of greater pollution reduction in the future or due to government orders to convert from cleaner fuels to coal.

Section II analyzes two specific relief …

State Control Over The Reclamation Waterhole: Reality Or Mirage, Michigan Law Review

Michigan Law Review

This Note assesses how much state law section 8 saves from preemption. Section I reviews the interplay of state and federal water law in the West. It begins with a brief description of appropriation, the system of water rights found in the Western states, outlines the Reclamation Act of 1902, and then traces the Supreme Court's evolving construction of the Act. It culminates in a discussion of California v. United States, the Court's latest gloss on section 8. Section II expands the analysis of the California decision, integrating it with traditional preemption doctrine. It shows that section 8 respects …

Regulation Of Uninsured Multiple-Employer Trusts Under Erisa: An Open Question Again?, John A. Adams

BYU Law Review

No abstract provided.

Antitrust: Shared Information Between The Ftc And The Department Of Justice, Judy Beckner Sloan

BYU Law Review

No abstract provided.

Tucker Act Jurisdiction Over Breach Of Trust Claims, Gregory K. Orme

BYU Law Review

No abstract provided.

Regulation Of Indecency In Political Broadcasting, Jonathan Golomb

University of Michigan Journal of Law Reform

The article considers both the constitutional and statutory aspects of the regulation of indecency in political broadcasting. The discussion is limited to considering "indecency," a term excluding obscenity or incitement to violence, because the government's power to regulate these types of speech is well established. Indecent speech would be protected if used in the print media, since it does not fall within the established First Amendment exceptions. The basic constitutional question, therefore, is whether the broadcast media are inherently different from the print media, so as to justify different treatment of indecent political speech. This article will contend that they …

Political Broadcasting After The Aspen Ruling: Legislative Reform Of Section 315(A) Of The Communications Act Of 1934, Stuart N. Brotman

University of Michigan Journal of Law Reform

The FCC's new interpretation of section 315(a) in the Aspen ruling greatly reduced its inhibitory effect on broadcasters. The ruling, however, has created further interpretive problems regarding the broadcast debate format, and has not completely resolved the more general problem of giving the electorate greater and more direct exposure to candidates during campaigns through programming that forces candidates to confront each other on the major issues. This article will discuss the. background of section 315(a), then explain each of its exemptions. Finally, it will propose possible reforms in the area of political broadcasting in light of the Aspen ruling.

Federal Regulation Of Certain Bulk Hazardous Cargo: Focus On The Great Lakes, Wayne M. Lopkin

Buffalo Law Review

No abstract provided.

Indiana's Sunday Alcoholic Beverage Sales: Regulation Without Justification, Michael Lee Carmin

Indiana Law Journal

No abstract provided.

Developing Institutions For Regional Land Use Planning And Control—The Adirondack Experience, Richard S. Booth

Buffalo Law Review

No abstract provided.

Judicial Review Under Public Utility Regulatory Act Will Be By Substantial Evidence., Jerry L. Atherton, Edward L. Kurth

St. Mary's Law Journal

Abstract Forthcoming.

Repeals By Implication In Florida: A Case Study, Ernest E. Means

Florida State University Law Review

No abstract provided.

Florida's Adherence To The Doctrine Of Nondelegation Of Legislative Power, Carl J. Peckinpaugh, Jr.

Florida State University Law Review

No abstract provided.

Citizen Participation In The Regulation Of Surface Mining, Joshua I. Barrett

West Virginia Law Review

Public participation in the regulatory process has become increasingly common in recent years, especially in environmental matters. The West Virginia Surface Mining and Reclamation Act contains a number of devices by which citizens can present their views concerning proposed strip mines and can compel enforcement of the Act's provisions. The federal Surface Mining Control and Reclamation Act of 1977, by allowing citizen access to almost every phase of the regulatory process, opens even more avenues for participation than are currently available in West Virginia and other states. An invitation to citizens to take part in these regulatory and enforcement activities …

Comment On Jacmain V. Attorney General Of Canada And The P.S.S.R. Board, Norman M. Fera

Dalhousie Law Journal

The recent Supreme Court of Canada decision in Jacmain v. A. G. of Can. and the P.S.S.R. Board' partly clarifies the rights and "protections" accorded a federal government probationary worker upon dismissal. Regretably, however, with reference to the role of a grievance adjudicator (a federal tribunal) in such matters, and even more so with reference to the role of the courts in "supervising" the jurisdictional findings of such a tribunal, the Jacmain decision is less instructive. The facts of the case are relatively complex. Jacmain had been an employee with the Department of National Revenue prior to entering a competition …

Rationalizing Administrative Searches, Michigan Law Review

Michigan Law Review

At the outset, this Note examines the major decisions concerning administrative searches. Specifically, it traces the development of a warrant requirement and of the corresponding lower standard of probable cause announced in the Camara and See decisions. Subsequent modifications of that seemingly absolute rule are then analyzed. To develop a framework for evaluating administrative search cases, Section II groups those principal Supreme Court cases, along with pertinent lower court opinions, into three tiers of fourth amendment protection: administrative searches that require a warrant based on a traditional criminal standard of probable cause; administrative searches that require a warrant based on …

The Little Agency That Could, Sallyanne Payton

Michigan Law Review

A Review of Regulatory Justice: Implementing a Wage-Price Freeze By Robert A. Kagan

I. Administrative Law

Washington and Lee Law Review

No abstract provided.

Afterthoughts On The Short-Lived Experiment In Deregulation Of Representation Elections, David B. Ross

Michigan Law Review

A Review of Union Representation Elections: Law and Reality by Julius G. Getman, Stephen B. Goldberg, and Jeanne B. Herman

The Judicialization Of Federal Administrative Law Judges: Implications For Policymaking, Gerald M. Pops

West Virginia Law Review

Students of the American federal administrative legal process have long debated the question of whether those persons charged with the responsibility for developing and conducting the formal hearing process and for making "initial decisions" in agency adjudication should act more like judges or more like administrators. Advocates of the judicial model of behavior seek to inject into the administrative process certain values inherent and traditional in Anglo-American courts. These values particularly, although not exclusively, include the protection of the personal, property and procedural rights of private citizens which have been developed by judges acting in their traditional capacities as makers …

Survey Of Developments In West Virginia Law: 1978

West Virginia Law Review

No abstract provided.

Proposals For Change In The Administration Of The Antidumping Act, Stephen L. Gibson

Michigan Journal of International Law

This article suggests changes that might be made in the administration of the existing Act to improve the efficiency of investigations and the fairness of determinations under the Act in its present form. Most of these suggestions are addressed to the Treasury Department's fair value investigation, with only a few comments on the International Trade Commission injury investigation phase. The ITC has developed a framework for injury investigations that appears generally to be both workable and acceptable to interested parties. Treasury's fair value investigation, on the other hand, has tended to be more controversial. This stems in part from the …

The Standard Of Injury In The Resolution Of Antidumping Disputes, Edward J. Krauland

Michigan Journal of International Law

When a private party files a dumping complaint, the Antidumping Act of 1921 provides a two-step procedure for examining an alleged infraction by a foreign exporter. First, the Department of the Treasury must determine if imports are being marketed within the United States at less than fair value (hereinafter LTFV). If Treasury makes an affirmative determination, the International Trade Commission (ITC) must then determine if a United States industry is being injured, is likely to be injured, or is prevented from being established by reason of the LTFV sales. If any of these forms of injury is found, an antidumping …

Epa And Administrative Inspections, Robert W. Martin, Jr.

Florida State University Law Review

No abstract provided.

Exhaustion Of Adminstrative Remedies In Illinois: The State Of The Law At The Close Of An Active Decade, Dean Timothy Jost

Loyola University Chicago Law Journal

No abstract provided.

Recent Decisions, James A. Walker, Charles A. Daughtrey, A. Dale Wilson

Vanderbilt Journal of Transnational Law

ADMINISTRATIVE LAW--PRESIDENT'S ATTEMPT UNDER EXECUTIVE ORDER TO REMOVE PRESIDENTIALLY APPROVED CAB ORDER FROM SCOPE OF THE WATERMAN DOCTRINE

James A. Walker

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EUROPEAN COMMUNITIES--TRADEMARK RIGHTS--COURT OF JUSTICE PREVENTS THIRD PARTY FROM AFFIXING TRADEMARK TO GOODS SOLD UNDER ANOTHER MARK

Charles Anthony Daughtrey

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THE TREATY POWER--THE PROPERTY CLAUSE PERMITS THE TRANSFER OF UNITED STATES PROPERTY THROUGH SELF-EXECUTING TREATY

A. Dale Wilson

Bringing Christian Schools Within The Scope Of The Unemployment Compensation Laws: Statutory And Free Exercise Issues, R. Leonard Davis Iii

Villanova Law Review

No abstract provided.

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 …

Gilmore: An Antidumping Proceeding As Cost-Price Comparison, Fred A. Rodriguez

Michigan Journal of International Law

In the usual dumping case, a producer sells his product abroad at prices lower than those at which the same product is sold in the domestic market (country of origin). But dumping is also possible in other circumstances. The General Agreement on Tariffs and Trade (hereinafter GATT) and the Antidumping Code (hereinafter the Code) recognize dumping where, in the absence of a domestic price, the price in the export market is lower than the price for a comparable product in a third country market. If neither a domestic nor a third country price is available, these international agreements provide that …