Law Commons^™

Disqualifications Of Decisional Officials In Rulemaking, Peter L. Strauss

Faculty Scholarship

What constraints on impartiality govern agency officials responsible for decisions in proceedings other than on-the-record adjudications? The past few years have witnessed the emergence of a striking body of professional debate, statute, and case law concerning ethics in government and the control of "special interest" influence on governmental decisions. Higher standards for conflict of interest, expanded constraints on ex parte communications, and enlarged concems about separation of functions within the agencies are parts of this development. Another strand, tangled with the others yet doctrinally distinct, concerns the disqualification of responsible government officials for their prior contacts with or expressions of …

Administrative Law: Procedural Due Process And Other Issues, A. Dan Tarlock

Articles by Maurer Faculty

No abstract provided.

Institutionalizing The Energy Crisis: Some Structural And Procedural Lessons, Alfred C. Aman

Articles by Maurer Faculty

No abstract provided.

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.

Kentucky Law Survey: Administrative Law, John M. Rogers, Michael H. Sims

Kentucky Law Journal

No abstract provided.

Curing Defects Of Natural Justice By Appeal, Lawrence G. Baxter

Faculty Scholarship

No abstract provided.

The Public Trust Doctrine In Public Land Law, Charles F. Wilkinson

Publications

No abstract provided.

The Field Of Public Land Law: Some Connecting Threads And Future Directions, Charles F. Wilkinson

Publications

No abstract provided.

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 …

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

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.

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

BYU Law Review

No abstract provided.

Andus V. Allard, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

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

Buffalo 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 …

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

Indiana Law Journal

No abstract provided.

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

Buffalo Law Review

No abstract provided.

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.

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.

Book Review Of Administrative Law Treatise, Charles H. Koch Jr.

Faculty Publications

No abstract provided.

Eastern Shore Memorial Hospital Local Of The Nova Scotia Nurses' Union V Eastern Shore Memorial Hospital, Innis Christie

Innis Christie Collection

APPLICATION having been made to the Labour Relations Board (Nova Scotia) on January 31, 1979, for Certification of the Applicant as Bargaining Agent pursuant to the Trade Union Act;

The Board Of Directors Of The Halifax Infirmary Hospital V The Halifax Infirmary Local Of The Nova Scotia Nurses' Union, Innis Christie

Innis Christie Collection

APPLICATION having been made to the Labour Relations Board (Nova Scotia) on January 19, 1979, pursuant to Section 26 of the Trade Union Act by adding to the classifications of employees excluded from the bargaining unit contained in L.R.B. No. 1996, dated September 18, 1973, the following: Unit Supervisor, Head Nurse (Special Unit), and Head Nurse, other than Head Nurse, Operating Room;

United Rubber, Cork, Linoleum & Plastic Workers Of America, Local 1028 V Michelin Tires (Canada) Limited, Innis Christie

Innis Christie Collection

On February 14, 1979, the Board issued an order dismissing the application [sic] for certification in this matter and stated that reasons were to follow. On April 11 the Board issued L.R.B. No. 2523, in which, with full reasons for our decision, we directed Michelin Tires (Canada) Limited to cease and desist from breaching Section 51 (1) (a) of the Nova Scotia Trade Union Act by committing the unfair labour practices specified in that order. Our intent here is to set out in similar detail our reasons for the order on February 14. Not all of the many issues of …

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

Florida State University Law Review

No abstract provided.

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

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 …

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 …

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 …

United Rubber, Cork, Linoleum & Plastic Workers Of America V Michelin Tires (Canada) Limited, Innis Christie

Innis Christie Collection

A COMPLAINT of Unfair Labour Practice having been made to the Labour Relations Board (Nova Scotia) on February 29, 1978, alleging that Michelin Tires (Canada) Limited violated Section 51 (1) (a) and 5 (3) (a) of the Trade Union Act;