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Full-Text Articles in Law
Annual Survey Of Virginia Law: Administrative Procedure, Charles Bonner, John Paul Jones, Henry M. Kohnlein
Annual Survey Of Virginia Law: Administrative Procedure, Charles Bonner, John Paul Jones, Henry M. Kohnlein
University of Richmond Law Review
Since the last report on developments in Virginia's law of administrative procedure, both her General Assembly and her courts have been busy making new law. This year's General Assembly revamped the Freedom of Information Act ("FOIA"), and made adjustments to laws regulating the periods in which agencies must decide certain types oflicensing cases and promulgate certain procedural regulations. Meanwhile, the courts of the Commonwealth were active in the field, addressing open questions concerning the following subjects: rulemaking, due process, evidence, timeliness, and judicial review.
Agency Action, Finality And Geographical Nexus: Judicial Review Of Agency Compliance With Nepa's Programmatic Environmental Impact Statement Requirement After Lujan V. National Wildlife Federation, Matthew C. Porterfield
Agency Action, Finality And Geographical Nexus: Judicial Review Of Agency Compliance With Nepa's Programmatic Environmental Impact Statement Requirement After Lujan V. National Wildlife Federation, Matthew C. Porterfield
University of Richmond Law Review
In recent years, there has been an increasing recognition of the need to address the complex and interrelated impacts that result from human interaction with the environment. One of the most effective tools for evaluating these impacts has been the preparation of programmatic environmental impact statements (EISs) pursuant to the National Environmental Policy Act of 1969 (NEPA). The status of programmatic EISs, however, has been called into question by the Supreme Court's decision in Lujan v. National Wildlife Federation, which has been interpreted by numerous commentators as heralding the end of "programmatic" environmental lawsuits. Even more significantly, Lujan has been …
Expanding The Judicial Power Of The Administrative Law Judge To Establish Efficiency And Fairness In Administrative Adjudication, C. Stuart Greer
Expanding The Judicial Power Of The Administrative Law Judge To Establish Efficiency And Fairness In Administrative Adjudication, C. Stuart Greer
University of Richmond Law Review
How is an administrative law judge ("ALJ") to know his role in the modern bureaucracy? On the one hand, the law requires the ALJ to adjudicate legal disputes between the government agency and the individual, and on the other hand, a black-robed member of the judicial branch in- structs him that he is out of his jurisdiction. Who wins in this decades-long battle for turf?
Annual Survey Of Virginia Law: Administrative Procedure, John Paul Jones
Annual Survey Of Virginia Law: Administrative Procedure, John Paul Jones
University of Richmond Law Review
After three years of working major changes to the Virginia Administrative Process Act (VAPA), the General Assembly paid scant attention to the Commonwealth's fundamental law of administrative procedure in 1987. During its most recent session, the legislature produced only three amendments to VAPA, inserting a regulation severability provision, modifying VAPA's impact on Voluntary Formulary changes, and narrowing the exemption enjoyed by the Virginia Marine Resources Commission. In two other statutory changes affecting administrative procedure, the General Assembly expressly provided for agency subdelegation and specified the method for computing time for a rule of court. While severability has evolved into an …
Counter Revolution In The Federal Courts Of Appeal - The Aftermath Of Vermont Yankee, Jon A. Mueller
Counter Revolution In The Federal Courts Of Appeal - The Aftermath Of Vermont Yankee, Jon A. Mueller
University of Richmond Law Review
In recent years, there has been growing judicial concern about the fairness of action by administrative agencies and the ability of courts to effectively review this action. This concern stems from the increased use of informal procedures by agencies promulgating rules or orders, to accomplish the congressional objectives set out in their substantive statutes. In response, certain federal courts of appeal have begun to impose upon these agencies more procedural safeguards than are required by either the Administrative Procedure Act (APA) or substantive statutes. These judicially imposed safeguards are more commonly known as hybrid procedures.
Ex Parte Communication In Informal Rulemaking: Judicial Intervention In Administrative Procedures, Michael E. Ornoff
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.
Understanding Judicial Review Of Federal Agency Action: Kafkaesque And Langdellian, Gary C. Leedes
Understanding Judicial Review Of Federal Agency Action: Kafkaesque And Langdellian, Gary C. Leedes
University of Richmond Law Review
This article identifies the key factors that are taken into consideration by federal judges empowered to apply and give doctrinal content to the rules governing judicial review. The original inspiration was more modest. The article, as conceived, was to be simply an attempt to clarify the concept of reviewability. After some thinking about the topic, the close relationship between the concept of reviewability and other concepts of judicial review became clearer to me, and I decided that a useful antidote to the customary analysis, which emphasizes distinctions among these various concepts, is to emphasize their similarities.
Written Evidence In Administrative Proceedings: A Plea For Less Talk, Roger J. Corber
Written Evidence In Administrative Proceedings: A Plea For Less Talk, Roger J. Corber
University of Richmond Law Review
The notion that talk is the absence of thought is more poetry than analysis. Nevertheless, lawyers know that all talk is not thought and that there is at least a grain of truth in the poet's logic. Some of the same logic may mercifully be applied to the proceedings of ad- ministrative agencies to test whether all the talk in such proceedings is necessary to a rational result and sound implementation of public policy.