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Full-Text Articles in Law
Alternatives To Administrative Trial-Type Hearings For Resolving Complex Scientific, Economic, And Social Issues, Barry B. Boyer
Alternatives To Administrative Trial-Type Hearings For Resolving Complex Scientific, Economic, And Social Issues, Barry B. Boyer
Michigan Law Review
Within the current wave of criticism directed at the federal administrative agencies, a traditional theme of administrative law is frequently echoed: agencies have allowed their proceedings to become over-judicialized, and ought to engage in more rule-making to avoid the slow, cumbersome, and repetitious process of case-by- case adjudication. As if to confirm the urgency of these calls for greater use of the rule-making power, examples occasionally surface which suggest that trial-type proceedings may collapse under their own weight and force some agencies to resort to rule-making if they are to accomplish anything at all. Thus, the Interstate Commerce Commission has …
The Parole Board's Duty Of Self-Regulation, John P. Quinn
The Parole Board's Duty Of Self-Regulation, John P. Quinn
University of Michigan Journal of Law Reform
This article examines the Michigan Parole Board in terms of its structure, mode of operation, and certain legal issues raised by its procedures. The note argues that the Board's and the legislature's concept of professional, scientific decision-making is not an adequate substitute for the checks and balances which confine and control the discretion of other governmental agencies, and furthermore, that this concept is inconsistent with both the letter and spirit of the Michigan Administrative Procedures Act (MAPA or Act). Thereafter, an approach is suggested by which the Act can be used as a tool to legitimate and rationalize Parole Board …