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State and Local Government Law

Pepperdine University

Journal of the National Association of Administrative Law Judiciary

2013

Government regulation

Articles 1 - 2 of 2

Full-Text Articles in Law

Finding A Compromise: The Struggle Between Federal Regulation And State Sovereignty - Analyzing The Effects Of Mid-Con Freight Systems, Inc. V. Michigan Public Service Commission , Sindy Lie Apr 2013

Finding A Compromise: The Struggle Between Federal Regulation And State Sovereignty - Analyzing The Effects Of Mid-Con Freight Systems, Inc. V. Michigan Public Service Commission , Sindy Lie

Journal of the National Association of Administrative Law Judiciary

This case note will explore the U.S. Supreme Court's ruling in Mid-Con Freight Systems, Inc. v. Michigan Public Service Commission. Part II will outline the historical background of the law at hand. Part III will lay out the essential facts of the case. Part IV will analyze and critique the majority and dissenting opinions. Part V will discuss the legal, administrative, and societal impact of the holding. Finally, Part VI will conclude the case note.


Turning Back The Clock: The California Supreme Court's Decision In Mcclung V. Employment Development Department And The Difficulty Of Determining Legislative Intent In Retroactive Rulemaking , Jeffrey R. Groendal Apr 2013

Turning Back The Clock: The California Supreme Court's Decision In Mcclung V. Employment Development Department And The Difficulty Of Determining Legislative Intent In Retroactive Rulemaking , Jeffrey R. Groendal

Journal of the National Association of Administrative Law Judiciary

Against the backdrop of McClung, this note will explore the principle of retroactivity, tracing its development at the national level in the U.S. Supreme Court and at the state level with respect to California courts. Part II of this note addresses the history and development of jurisprudence on retroactivity, focusing on the traditional roles of the Judicial and Legislative Branches and the major cases of both the U.S. Supreme Court and California courts on retroactivity. Part III sets out the facts of McClung. Part IV analyzes and critiques the court's opinions in McClung, with a separate analysis of the history …