Law Commons^™

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 Little Agency That Could, Sallyanne Payton

Michigan Law Review

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

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.

One Year's Environmental Litigation: 1977-78, Oscar S. Gray

Faculty Scholarship

No abstract provided.

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

Florida State University Law Review

No abstract provided.

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 …

An Obscure Object Of Desire: Minimizing The Information Reporting Burden, George P. Smith Ii

Scholarly Articles

The purpose of this brief comment is to evaluate the work product of the Commission on Federal Paperwork and by so doing probe the persistent and vexatious conundrum of administrative efficiency at the federal level of the decision-making process. I shall also probe the effect that the report and its implementation will have on administrative law-making.

Administrative Law - Occupational Safety And Health Act - In Prescribing Permissible Limits For Employee Exposure To Coke Oven Emissions Secretary Of Labor Was Not Authorized To Place Affirmative Duty On Employers To Research And Develop New Technology To Meet Those Limits, John Stemplewicz

Villanova Law Review (1956 - )

No abstract provided.

Administrative Law - Pennsylvania Human Relations Commission Does Not Have The Authority To Award Damages For Mental Anguish And Humiliation Arising From Unlawful Disrimination, Stanley A. Smith

Villanova Law Review (1956 - )

No abstract provided.

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

Villanova Law Review (1956 - )

No abstract provided.

Toward Better Environmental Standard Setting: Lessons From Case Study, Douglas O. Linder

Faculty Works

No abstract provided.

A Hard Look At Vermont Yankee: Environmental Law Under Close Scrutiny, William H. Rodgers, Jr.

Articles

In Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc. the Supreme Court unanimously reversed the District of Columbia Circuit in two cases that closely scrutinized decisions of the Nuclear Regulatory Commission and, in so doing, questioned settled habits of judicial review of administrative action affecting the environment. In this article Professor Rodgers analyzes four implications of Vermont Yankee—substantive judicial review under the National Environmental Policy Act, judicial imposition of procedures upon agencies beyond the statutory minima of the Administrative Procedure Act, the obligation of the agencies to consider alternatives in the environmental impact statement without regard to …

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 …

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.

Public Process And Ohio Supreme Court Rulemaking, Jeffrey A. Parness, Christopher C. Manthey

Cleveland State Law Review

While court created rules, in terms of their impact on society, are often as important as judicial decisions or legislative acts, they are relatively unknown to the general public. Further, there is often no public input prior to their adoption. Rather, court rules are often promulgated with no opportunity for general public discussion. Judge Jack B. Weinstein recently called attention to such a lack of "public process" in federal court rulemaking and expressed the hope that others will "speak out so that the matter can be thoroughly debated." On the state level this factor is absent from most rulemaking promulgated …

Analysis Of The Ftc Line Of Business And Corporate Patterns Reports Litigation, Douglas P. Whipple

Cleveland State Law Review

Under the auspices of the information gathering authority granted to the Federal Trade Commission (FTC) by the Federal Trade Commission Act, the Commission has developed two corporate report programs entitled "The Line of Business [LB] Report Program" and "The Corporate Patterns Report [CPR] Program." These broad-based statistical surveys solicit from domestic corporations information on financial performance, value of shipments, net manufacturing activities, and significant acquisitions and disposals. The LB and CPR survey orders were issued to hundreds of corporations, mostly giant conglomerates. Predictably, the corporations resisted the report requirements. The inevitable result of this dispute over the LB and CPR …

A Way Out Of The Social Security Jurisdiction Tangle, John M. Rogers

Law Faculty Scholarly Articles

When Congress recently eliminated the $10,000 amount-in-controversy requirement for federal question jurisdiction in suits against the United States, its agencies, and its officers, Congress effectively resolved, for most cases, the problem of finding subject matter jurisdiction for federal judicial review of federal administrative agency action. Whatever the resolution of such distinct issues as whether there is a cause of action, whether sovereign immunity is waived, and whether administrative remedies have been exhausted, subject matter jurisdiction, at least, will be provided, if nowhere else, by the amended federal question jurisdiction statute, 28 U.S.C. § 1331. The applicability of section 1331, however, …

Moderator's Remarks, Institutional Due Process In The Twenty-First Century: The Future Of The Hearing Requirement, Harold H. Bruff

Publications

No abstract provided.

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 …

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 …

Presidential Power And Administrative Rulemaking, Harold H. Bruff

Publications

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

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."'

Warrantless Administrative Inspections After Marshall V. Barlow's, Inc., David Shipley

Scholarly Works

Administrative inspections are indispensable: without them there is no practical way to determine whether there is compliance with the plethora of health, sanitary, safety, and building regulations that ensure that living and working conditions remain tolerable. The need for administrative agencies to have this power does not, however, immunize inspections from the requirements of the fourth amendment. Administrative inspections "are subject to the governing principle that a search of private property, in the absence of consent, is 'unreasonable' unless authorized by a valid search warrant. This article discusses the continuing vitality of the Colonnade-Bisiwell exception to the warrant requirement after …

Fairness And Natural Justice In English And South African Law, Lawrence G. Baxter

Faculty Scholarship

No abstract provided.

Contract And Uncertainty: The Reformation Of An International Business Agreement, Joan A. Lipton

Cardozo Law Review

No abstract provided.

A Proposal For A Comprehensive Restructuring Of The Public Information System, Charles H. Koch Jr., Barry R. Rubin

Faculty Publications

No abstract provided.

Association Of Commercial And Technical Employees, Local 1726, Canadian Labour Congress V New Moon Restaurant, Innis Christie

Innis Christie Collection

I wish to advise you that the Labour Relations Board (Nova Scotia) has granted the request of the Applicant to withdraw the Application for Certification filed with the Board in connection with the above-noted case on September 18, 1978.