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Federal Employee Is Entitled To Trial De Novo On Employment Discrimination Claim And Not Merely Judicial Review Of Agency Record. Hackley V. Roudebush, 520 F.2d 108 (D.C. Cir. 1975)., James C. Mcmahon, Jr.

Fordham Urban Law Journal

Ralph Hackley, an African American, was employed as an investigator within the Veteran Administration's Investigation and Security Service Division. He had served for one year at the GS-12 level when he was denied promotion. Hackley complained that this denial was based solely upon his race. The charge was investigated and he was afforded a hearing before a complaints examiner, who ruled that there had been no discrimination. This finding was adopted by the Veteran's Administration. Upon appeal, the Board of Appeals and Review of the Civil Service Commission affirmed. Having thus exhausted his administrative remedies, plaintiff commenced a civil action …

The Intrauterine Device: A Criticism Of Governmental Complaisance And An Analysis Of Manufacturer And Physician Liability, Walter Lee Mccombs, James F. Szaller

Cleveland State Law Review

It is difficult to understand how a product so intimately connected with a bodily function and presenting such a potential for serious harm was allowed on the market without pre-market clearances assuring that it had met at least minimum standards of safety. This development is especially distressing since there exists a governmental agency whose sole function is to protect the public interest in precisely this type of situation. Since the law of products liability should not deny a remedy to the unwary consumer whose reliance on the overzealous representations of the manufacturer ended in tragedy, this note will examine the …

Prospects For Structural Reform Of The Bankruptcy System, Marjorie L. Girth

Faculty Publications By Year

No abstract provided.

Case Note: Administrative Law- Renegotiation Board V. Bannercraft Clothing, Co., 415 U.S. 1 (1974), James P. Donahue, Jr.

Fordham Urban Law Journal

This Case Note analyzes the Supreme Court's recent decision in Renegotiation Board v. Bannercraft Clothing Co., which held that the Freedom of Information Act could not be used to interfere with a Renegotiation Board proceeding prior to termination of its administrative hearings and all further administrative remedies.

List-I Qavanin Va Usulnamah'hay Nafizah-I Afghanistan, Afghanistan

Books in Dari and Pashto

The document lists 165 laws and practice-legal codes that were issued by the government of Afghanistan from 1310 to 1353 (1931-1975). The list includes starting date for each law and the date of termination of the law, if no more in practice.

Type script, in Dari language

Restraint Of Agency Proceedings Under The Freedom Of Information Act

Washington and Lee Law Review

No abstract provided.

Civil Rights By Default, Barbara Kaye Besser, Charles Guerrier

Cleveland State Law Review

It is the intention of this article to discuss the existing devices available to the Ohio Civil Rights Commission to compel a respondent to provide the relevant factual information requested; to point out the inadequacies of these procedures; and to propose an additional method to effectuate a speedy resolution of the controversies before the Ohio Civil Rights Commission.

Mergers In Regulated Industries: The Role Of The Regulatory Agency, C. Paul Rogers Iii.

Faculty Journal Articles and Book Chapters

No abstract provided.

Federal Regulation Of Home Closings- The Real Estate Settlement Procedures Act Of 1974, Edward S. Hirschler

University of Richmond Law Review

Many years ago, the licensing of lawyers in Virginia was the direct obligation of the Supreme Court of Appeals. As part of the procedure, the applicant presented himself to the Court for examination. One hopeful was unable to define a tort, could not give the basic requirements of a contract and had no idea of what was meant by fee simple.

The Sanctions Provisions Of The Freedom Of Information Act, Robert Vaughn

Scholarly Articles in Law Reviews & Journals

INTRODUCTION: The sanctions provision of the Freedom of Information Act amendments (Amendments)' provides a procedure whereby agency personnel who have withheld requested information may be subject to disciplinary action if a court, in ordering production of the documents and assessing against the United States reasonable attorneys' fees and other litigation costs, also issues a finding that a question of fact exists as to whether agency personnel acted arbitrarily or capriciously. Although the provision is relatively brief, it is potentially the most important amendment to the Freedom of Information Act (FOIA) and one of the most important congressional enactments in recent …

The Personal Accountability Of Public Employees, Robert Vaughn

Scholarly Articles in Law Reviews & Journals

INTRODUCTION: The most important developments in the nature of the public employment relationships have been those which increased the personal accountability of public employees. Civil service systems, particularly in regulatory areas, have been criticized as insulating public employees and removing incentives to perform their public duties.' Recent judicial decisions developing tort liability of public employees and the recent action of the United States Congress in passing the Freedom of Information Act [FOIA) sanctions provision portend future use of the concept of personal accountability as a means of controlling administrative abuse. Throughout deliberation on the FOIA sanctions provision, opposition to the …

Natural Gas And Electric Utility Rate Reform: Taxation Through Ratemaking, Alfred C. Aman, Glen S. Howard

Articles by Maurer Faculty

No abstract provided.

Regulation Of Municipal Solid Waste Through Taxation: The New York Recycling Incentive Tax, Jeffrey M. Gaba

Faculty Journal Articles and Book Chapters

No abstract provided.

Access To Public Documents In Kentucky, Carla Whitaker Allen

Kentucky Law Journal

No abstract provided.

Competition And Regulation In The Stock Markets, Robert Pozen

Michigan Law Review

Part I of this article suggests that the courts have not satisfactorily resolved the tension between competition and regulation in the stock markets, and that the proposed legislation would in fact aggravate that tension. Part II uses an economic model of stock transactions to derive an alternative approach for reconciling competitive and regulatory considerations. Part III applies this approach to several key governmental decisions in the transition from fixed commission rates to the central market system.

Recent Developments, James D. Holland

Vanderbilt Law Review

The power to parole prisoners derives from the legislative power to define crimes and set penalties for offenses, and has been delegated by Congress and state legislatures to the federal and state parole boards.' Recent litigation of inmates' post-conviction rights in federal and state correctional systems has focused increasingly on the broad discretionary power that parole boards exercise by performing their statutory mandate... The recent development of a flexible concept of due process,' however, has permitted a finer balancing of governmental and individual interests than the prior requirement of a "full panoply" of procedural safeguards, or none at all, and …

Appeal No. 0013: Baldwin Producing Corporation V. State Of Ohio, Acting By And Through The Chief Of The Division Of Oil And Gas Department Of Natural Resources, Ohio Oil & Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Adjudication Orders #130, and Amendments No.1 & 2 to Order #130

Judicial Review Of Administrative Action And Responsible Government, Warner W. Gardner, Michael Greenberger

Faculty Scholarship

No abstract provided.

Gordon V. New York Stock Exchange, Inc. (Nyse), Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

United States V. National Association Of Securities Dealers, Inc., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

United Housing Foundation V. Forman, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Antoine V. Washington, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Yonge V. Askew, 293 So. 2d 395 (Fla. 1st Dist. Ct. App. 1974), Florida State University Law Review

Florida State University Law Review

Administrative Law- JUDICIAL REVIEW- REPORTS OF STATE AGENCIES CONSTITUTE COMPETENT SUBSTANTIAL EVIDENCE TO SUPPORT DENIAL OF DREDGE AND FILL PERMIT APPLICATION EVEN THOUGH REPORTING AGENCY HAS NO JURISDICTION OVER PROPOSED PROJECT.

What Is The Public Interest? Who Represents It?, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.

Reasoning By Riddle: The Power To Prohibit In Georgia Local Government Law, R. Perry Sentell Jr.

Scholarly Works

One of the most significant and potentially objectionable powers exercised by any level of government is the power to regulate or prohibit the trades and occupations of its citizens. Of course, the only avenue for contesting the validity of such regulations is through the courts, at which time the basic tension of the individual’s right to earn a living vs. the government’s power to control his business comes quickly to the forefront. In his Article, Professor Sentell, dealing strictly with the power of Georgia local governments, points out that the Georgia courts have confounded the area by inconsistent consideration of …

The Menace Of Administrative Law (1920), John Lord O'Brian

Buffalo Law Review

Reprinted from the Proceedings of the Twenty-Fifth Annual Meeting of the Maryland State Bar Association, 1920.

Prejudgment: An Unavailable Challenge To Official Administrative Action, Charles H. Koch Jr.

Faculty Publications

No abstract provided.

Applying The Administrative Procedure Act To Federal Parole Decision Making., Campbell Mcginnis

St. Mary's Law Journal

Abstract Forthcoming.

The Evolution Of The Administrative Process Under The New Texas Savings And Loan Act., John C. Phillips

St. Mary's Law Journal

Abstract Forthcoming.

Counter-Advertising In The Broadcast Media: Brining The Administrative Process To Bear Upon A Theoretical Imperative, Tom A. Collins

William & Mary Law Review

No abstract provided.