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Articles 1 - 26 of 26
Full-Text Articles in Law
Grasping The Intangible: A Guide To Assessing Nonpecuniary Damages In The Eeoc Administrative Process , Douglas M. Staudmeister
Grasping The Intangible: A Guide To Assessing Nonpecuniary Damages In The Eeoc Administrative Process , Douglas M. Staudmeister
American University Law Review
No abstract provided.
Congressional Ethics And Constitutent Advocacy In An Age Of Mistrust, Ronald M. Levin
Congressional Ethics And Constitutent Advocacy In An Age Of Mistrust, Ronald M. Levin
Michigan Law Review
Like lawyer-bashing, Congress-bashing seems never to go out of style. As every newspaper reader knows, and as public opinion surveys confinn, the public's regard for the legislative branch has been discouragingly low for years. One of the incidents that has done most to fuel this mood is the Keating Five affair. The Senate Ethics Committee's decision in the Keating case, which has been called "the ultimate metaphor for political corruption," provides a fitting prologue for this article's theme: the ethical dimensions of intervention by members of Congress into administrative agency proceedings.
Simply A Matter Of Growing Pains? Evaluating The Controversy Surrounding The Growth Management Hearings Boards, Derek W. Woolston
Simply A Matter Of Growing Pains? Evaluating The Controversy Surrounding The Growth Management Hearings Boards, Derek W. Woolston
Washington Law Review
In 1990, the Washington Legislature enacted the Growth Management Act (GMA) intending to reduce urban sprawl and manage development throughout the state. In 1991, the GMA was amended to include an administrative dispute resolution system, involving three independent regional Growth Management Hearings Boards ("Boards") empowered to hear petitions and to determine whether a county or city is complying with the GMA. The breadth of discretion given to the Boards to scrutinize local government land use policies has prompted a barrage of criticism from both local governments and the regulated community. The tension is attributable to factors within the control of …
Is A Textualist Approach To Statutory Interpretation Pro-Environmentalist?: Why Pragmatic Agency Decisionmaking Is Better Than Judicial Literalism, Bradford C. Mank
Is A Textualist Approach To Statutory Interpretation Pro-Environmentalist?: Why Pragmatic Agency Decisionmaking Is Better Than Judicial Literalism, Bradford C. Mank
Washington and Lee Law Review
No abstract provided.
Noaa's New Natural Resource Damage Assessment Scheme: It's Not About Collecting Money, James S. Seevers, Jr.
Noaa's New Natural Resource Damage Assessment Scheme: It's Not About Collecting Money, James S. Seevers, Jr.
Washington and Lee Law Review
No abstract provided.
The Allocation Of Authority Under The Mine Act: Is The Authority To Decide Questions Of Policy Vested In The Secretary Of Labor Or In The Review Commission, W. Christian Schumann
The Allocation Of Authority Under The Mine Act: Is The Authority To Decide Questions Of Policy Vested In The Secretary Of Labor Or In The Review Commission, W. Christian Schumann
West Virginia Law Review
No abstract provided.
Administrative Law, Susan Wells Drechsel
Administrative Law, Susan Wells Drechsel
Mercer Law Review
The Eleventh Circuit Court of Appeals addressed a broad range of administrative law issues during 1995. In a case of first impression for the Eleventh Circuit, the court held that a criminal defendant's time spent in halfway and safe houses cannot be credited against the defendant's sentence. In reaching this conclusion, the court deferred to a "program statement" issued without notice and comment by the United States Department of Justice's Bureau of Prisons. The court also discussed, but did not decide, the first impression issue for the circuit of the proper scope of judicial review in an appeal of a …
Administrative Driver's License Suspension: A Remedial Tool That Is Not In Jeopardy , Jennifer E. Dayok
Administrative Driver's License Suspension: A Remedial Tool That Is Not In Jeopardy , Jennifer E. Dayok
American University Law Review
No abstract provided.
The Externalization Of Domestic Regulation: Intellectual Property Rights Reform In A Global Era, Paul N. Doremus
The Externalization Of Domestic Regulation: Intellectual Property Rights Reform In A Global Era, Paul N. Doremus
Indiana Journal of Global Legal Studies
Intellectual property rights (IPR) issues in the software, biotechnology, and semiconductor industries exemplify the pressure that new technologies and international competition are placing on domestic and international regulatory systems. Traditional patent and copyright rules cannot easily accommodate any of these technologies. At the same time, the high costs of research and development, relative ease of replication, and global markets characteristic of these technologies heighten the importance of both domestic and foreign IPR protection. In the context of rapidly changing technological conditions, borderless markets, and inflexible international regimes, national policymakers face a political dilemma: how to accommodate new technologies at home, …
Loss Of Protection As Injury In Fact: An Approach To Establishing Standing To Challenge Environmental Planning Decisions, Miles A. Yanick
Loss Of Protection As Injury In Fact: An Approach To Establishing Standing To Challenge Environmental Planning Decisions, Miles A. Yanick
University of Michigan Journal of Law Reform
As currently interpreted by the United States Supreme Court, Article III of the Constitution creates a significant hurdle for plaintiff citizen groups seeking standing to challenge environmental planning or management decisions. In particular, plaintiffs have had difficulty in making the required showing of an 'injury in fact" where an agency has not yet approved a site-specific action but has approved only a general plan for an area to govern future site-specific actions. The Supreme Court has not articulated a clear rule for standing to challenge the latter type of agency decision making, and the courts of appeals for the various …
Revoking The "Fishing License:" Recent Decisions Place Unwarranted Restrictions On Administrative Agencies' Power To Subpoena Personal Financial Records, Jack W. Campbell, Iv
Revoking The "Fishing License:" Recent Decisions Place Unwarranted Restrictions On Administrative Agencies' Power To Subpoena Personal Financial Records, Jack W. Campbell, Iv
Vanderbilt Law Review
The backbone of an administrative agency's effectiveness is the ability to investigate rapidly the activities of entities within the agency's jurisdiction., An agency's ability to carry out its investigative functions depends upon enforcement of the agency's administrative subpoenas. Courts have not always looked favorably upon broad agency subpoena power. The implementation of the New Deal and the exigencies of World War II created a need for increased administrative oversight of national affairs. Courts began to recognize the usefulness of proactive administrative government. Concurrent supreme court decisions reflected this philosophical change by adopting highly deferential views of administrative subpoena enforcement. This …
Executive-Branch Rulemaking And Dispute Settlement In The World Trade Organization: A Proposal To Increase Public Participation, Aubry D. Smith
Executive-Branch Rulemaking And Dispute Settlement In The World Trade Organization: A Proposal To Increase Public Participation, Aubry D. Smith
Michigan Law Review
This Note argues that, because the Executive Branch increasingly will be promulgating domestic regulatory rules intended to comply with the rules of the world-trading system, it is necessary to increase formal oversight of the Executive Branch's role in that context. Part I argues that the United States' participation in the WTO implies a substantial increase in the impact of foreign policy on domestic policy. Part II points out a loophole in Congress's attempt to compensate for this increase by installing various devices to ensure political oversight of the Executive: the Executive Branch is subject, under the Uruguay Round Agreements Act …
Dioxin: Reassessing The Risk, Linda-Jo Schierow
Dioxin: Reassessing The Risk, Linda-Jo Schierow
RISK: Health, Safety & Environment (1990-2002)
Dr. Schierow briefly summarizes the status of a draft Environmental Protection Agency report reassessing the appropriate treatment of dioxin and describes ongoing intra- and extramural reviews of the reassessment.
Representation Of Claimants At Unemployment Compensation Proceedings: Identifying Models And Proposed Solutions, Maurice Emsellem, Monica Halas
Representation Of Claimants At Unemployment Compensation Proceedings: Identifying Models And Proposed Solutions, Maurice Emsellem, Monica Halas
University of Michigan Journal of Law Reform
Emsellem and Halas posit that claimants need representation at unemployment compensation proceedings. Evaluating statistical and survey data, the authors find that representation significantly improves a claimant's chance of receiving unemployment compensation. Improved recovery rates, they argue, benefit not only claimants but also society. The authors analyze the factors inducing employer appeals of compensation awards. They also review the systemic issues that accompany the provision of representation to those unable to afford it or to those unfamiliar with the unemployment compensation process. Finally, the authors present models of expanding claimant representation.
Essay: Torquemada And Unemployment Compensation Appeals, William W. Milligan
Essay: Torquemada And Unemployment Compensation Appeals, William W. Milligan
University of Michigan Journal of Law Reform
The premise of this Essay is that unemployment compensation appeals hearings take the form of inquests rather than follow the traditional adversarial model. Given this, the hearing officer carries a special burden of ensuring that due process is afforded. State review systems should structure the process so that the difference, along with the unique burden, is made explicit.
Due Process Implications Of Telephone Hearings: The Case For An Individualized Approach To Scheduling Telephone Hearings, Allan A. Toubman, Tim Mcardle, Linda Rogers-Tomer
Due Process Implications Of Telephone Hearings: The Case For An Individualized Approach To Scheduling Telephone Hearings, Allan A. Toubman, Tim Mcardle, Linda Rogers-Tomer
University of Michigan Journal of Law Reform
As the executive branch shrinks and reduces expenditures, its adjudicative functions adjust to the new fiscal reality. Telephone hearings are, therefore, increasingly being used in order to control costs. This Article examines the impact of telephone hearings on the due process elements of unemployment compensation 'fair" hearings. The Authors review the applicable federal and state law and find that there is no absolute bar to using the telephone to conduct administrative hearings. They test the empirical effect of the telephone on hearings in California and Maine. Their analysis of hundreds of hearings indicates that parties to telephone hearings are less …
Jurisdiction To Review Agency Inaction Under Federal Environmental Law, Daniel P. Selmi
Jurisdiction To Review Agency Inaction Under Federal Environmental Law, Daniel P. Selmi
Indiana Law Journal
No abstract provided.
A Proposal To Abolish The Office Of United States Trustee, Peter C. Alexander
A Proposal To Abolish The Office Of United States Trustee, Peter C. Alexander
University of Michigan Journal of Law Reform
In this Article, Professor Alexander reviews the creation and development of the Office of U.S. Trustee, an agency within the executive branch of the federal government, authorized to oversee the administration of all bankruptcy estates. Alexander asserts that the agency has expanded its scope beyond its original mission, becoming a huge bureaucracy that is widely criticized. By contrast, Alexander also discusses the Bankruptcy Administrator Program, a bankruptcy oversight system that exists within the federal districts in Alabama and North Carolina. He presents the positive and negative comments about that program and concludes that it is a more efficient system than …
The Third House Of Congress Versus The Fourth Branch Of Government: The Impact Of Congressional Committee Staff On Agency Regulatory Decision-Making, 19 J. Marshall L. Rev. 247 (1986), James P. Hill
UIC Law Review
No abstract provided.
Cutting Through The Forest Of The Standing Doctrine: Challenging Resource Management Plans In The Eighth And Ninth Circuits, Kelly Murphy
Cutting Through The Forest Of The Standing Doctrine: Challenging Resource Management Plans In The Eighth And Ninth Circuits, Kelly Murphy
University of Arkansas at Little Rock Law Review
No abstract provided.
Standards Of Judicial Review In The Virginia Administrative Process Act, Mary Renae Carter
Standards Of Judicial Review In The Virginia Administrative Process Act, Mary Renae Carter
University of Richmond Law Review
Section 9-6.14:17 of the Virginia Administrative Process Act sets forth two standards by which courts may review the validity of a state agency's decisions. In formal rulemaking and adjudicatory proceedings, the statute requires an agency to keep a record of all evidence it receives and to make decisions based on this record. Upon review, a court will look to see if there is "substantial evidence" in the record to support the agency's findings of fact. In informal rulemaking and adjudicatory proceedings, the statute does not require an agency to keep an evidentiary record. If the agency has not voluntarily made …
Regulating Indecent Broadcasting: Setting Sail From Harbors Or Sunk By The V-Chip?, Brett Ferenchak
Regulating Indecent Broadcasting: Setting Sail From Harbors Or Sunk By The V-Chip?, Brett Ferenchak
University of Richmond Law Review
"Family values" has become a familiar phrase in all arenas of American life. As a result of the increasing concern over family values in broadcasting, the religious right, as well as the liberal left, have tried to stay the progression of moral decadence in our youth. The concerns have been directed towards violent, sexual and vulgar content in radio, television, and films.
Welfare Reform Within A Changing Context: Redifining The Terms Of The Debate, Mary Brynar Sanger
Welfare Reform Within A Changing Context: Redifining The Terms Of The Debate, Mary Brynar Sanger
Fordham Urban Law Journal
This Essay explains the evolution of various approaches to welfare, assesses the efforts under the Family Support Act and reviews the principal findings of welfare research to evaluate the success of alternative program strategies. It explains the evolution of various approaches toward welfare before the mid-1990s. It then describes reforms instituted 1988 and reviews the dynamics of welfare caseloads and benefits of those programs. This Essay reviews the research findings in welfare reform's critical areas: those that seek to alter benefit structures and eligibility, and those that seek to alter fertility behavior through both incentive and punitive models. The Essay …
Modifying The Escalera Consent Decree: A Case Study On The Application Of The Rufo Test, Valerie D. White
Modifying The Escalera Consent Decree: A Case Study On The Application Of The Rufo Test, Valerie D. White
Fordham Urban Law Journal
This Note argues that modifying the Escalera degree is appropriate under Rufo and would allow NYCHA to maintain a safe environment for its residents. It expains the standard used in modifying a consent decree, pre- and post-Rufo, as well as the difficulties in applying the Rufo test. It traces the history of the Escalera Consent Decree, outlines the arguments for and against modification, and applies Rufo to the proposed modification of Escalera, arguing that modification is appropriate because the facts have changed significantly since the Decree was signed, and the modification sought is appropriately tailored to those changed circumstances.
The Brown V. Giuliani Injunction: Combating Bureaucratic Disentitlement, Maria Fazzolari
The Brown V. Giuliani Injunction: Combating Bureaucratic Disentitlement, Maria Fazzolari
Fordham Urban Law Journal
This Comment supports the preliminary injunction decision in Brown v. Giuliani, and demonstrates why judicial intervention is appropriate in welfare litigation to protect the constitutional rights of welfare recipients. It describes the New York City welfare administration system and its statutory framework, detailing the bureaucratic problems facing the system. It also describes "bureaucratic disentitlement," whereby largely obscure administrative proceedings function to effectively delay of deny welfare payments to eligible recipients. It examines the traditional judicial remedies and their general impotence in combating bureaucratic disentitlement, and the preliminary injunction decision granted in Brown and the justiciability of separation of powers issues …
In The Matter Of Bell Petroleum Services, Inc.: Reviewing Removal Actions Under The Arbitrary And Capricious Standard Of Review, Robert Loefflad
In The Matter Of Bell Petroleum Services, Inc.: Reviewing Removal Actions Under The Arbitrary And Capricious Standard Of Review, Robert Loefflad
Villanova Environmental Law Journal
No abstract provided.