Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 9 of 9

Full-Text Articles in Law

Table Of Contents Jan 2022

Table Of Contents

Seattle University Law Review

Table of Contents


Popular Regulation? State Constitutional Amendment And The Administrative State, Jonathan L. Marshfield Apr 2021

Popular Regulation? State Constitutional Amendment And The Administrative State, Jonathan L. Marshfield

Belmont Law Review

No abstract provided.


Hawkes Co. V. United States Army Corps Of Engineers, Sarah M. Danno Apr 2017

Hawkes Co. V. United States Army Corps Of Engineers, Sarah M. Danno

Public Land & Resources Law Review

A peat mining company will not be required to obtain a permit under the Clean Water Act to discharge dredged and fill material into wetlands. The United States District Court for the District of Minnesota held that the United States Army Corps of Engineers fell short in its attempts to establish jurisdiction over the wetlands by twice failing to show a significant nexus existed between the wetlands and navigable waters. Further, the district court enjoined the Corps from asserting jurisdiction a third time because it would force the mining company through a “never ending loop” of administrative law.


Murray Energy Corporation V. Mccarthy, Sarah M. Danno Feb 2017

Murray Energy Corporation V. Mccarthy, Sarah M. Danno

Public Land & Resources Law Review

Holding that the widespread effects of environmental regulation on the coal industry constituted sufficient importance, the Northern District of West Virginia ordered the Environmental Protection Agency to conduct analysis on employment loss and plant reduction resulting from regulatory effects. In admonishing the EPA’s inaction, the court ruled that the Agency had a non-discretionary duty to evaluate employment and plant reduction. Furthermore, the court held that the EPA’s attempt to put forth general reports in place of required evaluations was an invalid attempt to circumvent its statutory duty.


The Achievement Gap And Disparate Impact Discrimination In Washington Schools, Sarah Albertson Jul 2013

The Achievement Gap And Disparate Impact Discrimination In Washington Schools, Sarah Albertson

Seattle University Law Review

In today’s public schools, students designated as “white” and “Asian” consistently outperform students from other ethnic groups in test scores and graduation rates. These disparities, commonly called “the achievement gap,” are a symptom of greater issues, or “opportunity gaps.” Washington State has recently taken a further step to address the achievement gap and racial discrimination in schools. In 2010, the Washington legislature passed the Equal Education Opportunity Law (EEOL), HB 3026, in response to the recommendations in commissioned achievement gap studies. The EEOL authorizes the Office of the Superintendent of Public Instruction (OSPI) to enforce this law through regulations. This …


The Chevron Two-Step In Georgia's Administrative Law, David E. Shipley Jan 2012

The Chevron Two-Step In Georgia's Administrative Law, David E. Shipley

Georgia Law Review

Like federal and state administrative agencies
throughout the nation, Georgia's many boards,
commissions and authorities make policy when they apply
their governing statutes in promulgating regulations and
in ruling on specific matters like granting or denying an
application for a permit or determining the residency of a
candidate for public office. Sometimes governing statutes
are clear, but sometimes there is ambiguity. When there is
ambiguity in the governing statute, an agency must
interpret that legislation when it promulgates regulations
or decides a particular contested matter. This Article asks
and answers the fundamental question of what deference,
if any, must a …


A Survey Of Principal Procedural Elements Among State Administrative Procedures Acts, Nancy J. Balzer, Michael S. Goldstein, David S. King, William H. Rider Jr. Jan 1973

A Survey Of Principal Procedural Elements Among State Administrative Procedures Acts, Nancy J. Balzer, Michael S. Goldstein, David S. King, William H. Rider Jr.

Cleveland State Law Review

The area of state administrative law, relatively contemporary in origin, has undergone tremendous expansion and now encompasses a considerable body of common law as well as statutory enactments. As Mr. Justice Jackson has said, "The rise of administrative agencies has probably been the most significant legal trend of the last century." Concurrent with the rise in the number of agencies has been the recent enactments of, and amendments to, state administrative procedure acts. In view of the increasing amount of case law and commentary in the field of administrative law, this note confines itself to a survey of several of …


A Survey Of The Ohio Administrative Procedures Act, Glenn R. Jones Jan 1973

A Survey Of The Ohio Administrative Procedures Act, Glenn R. Jones

Cleveland State Law Review

The recent expansion of the use of administrative agencies to facilitate the functioning of the various levels of governmental operations has created a correspondingly complex morass of procedural law. Administrative procedure being the creation of administrative law, a definition of the latter is necessary for an understanding of the former. This area of law has been demarcated by "the provisions of statutes conferring rule making and adjudicatory powers upon organizations in government outside the judicial branch and orders entered by these agencies pursuant to such powers."' It should be noted, however, that this definition, like other brief definitions of broad …


Judicial Control Of Administrative Agencies In Indiana: Ii, Ralph F. Fuchs Apr 1953

Judicial Control Of Administrative Agencies In Indiana: Ii, Ralph F. Fuchs

Indiana Law Journal

No abstract provided.