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1978

Administrative Law

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Articles 1 - 29 of 29

Full-Text Articles in Law

Southern Railway Co. V. Seaboard Allied Milling Co., Lewis F. Powell Jr. Oct 1978

Southern Railway Co. V. Seaboard Allied Milling Co., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


International Brotherhood Of Teamsters, Chauffeurs, Warehousemen & Helpers Of America V. Daniel, Lewis F. Powell Jr. Oct 1978

International Brotherhood Of Teamsters, Chauffeurs, Warehousemen & Helpers Of America V. Daniel, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Judicial Consideration Of The Delegation Of Legislative Power To Regulatory Agencies In The Progressive Era, John H. Garvey Oct 1978

Judicial Consideration Of The Delegation Of Legislative Power To Regulatory Agencies In The Progressive Era, John H. Garvey

Indiana Law Journal

No abstract provided.


Due Process Applied To Utility Rate Increases: State Ex Rel. Knight V. Psc, Larry Ford Sep 1978

Due Process Applied To Utility Rate Increases: State Ex Rel. Knight V. Psc, Larry Ford

West Virginia Law Review

No abstract provided.


Appeal No. 0025: Pete Karas And Wanda Karas 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 Jul 1978

Appeal No. 0025: Pete Karas And Wanda Karas 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 Order No. 229


Reporting Substantial Risks Under Section 8(E) Of The Toxic Substances Control Act, Jonathan S. Kahan Jul 1978

Reporting Substantial Risks Under Section 8(E) Of The Toxic Substances Control Act, Jonathan S. Kahan

Boston College Law Review

No abstract provided.


Illegal Acts And The Discretionary Function Exception Of The Federal Tort Claims Act May 1978

Illegal Acts And The Discretionary Function Exception Of The Federal Tort Claims Act

BYU Law Review

No abstract provided.


What Is A Record? Two Approaches To The Freedom Of Information Act's Threshold Requirement May 1978

What Is A Record? Two Approaches To The Freedom Of Information Act's Threshold Requirement

BYU Law Review

No abstract provided.


The University Visitor, William Ricquier May 1978

The University Visitor, William Ricquier

Dalhousie Law Journal

Despite having provided, in Doctor Bentley's case, 2 one of the seminal cases concerning the right to be heard, it would be an exaggeration to say that the university as an institution has played a major role in the emergence of a developed system of administrative law. There are a number of reasons for this. Generally, it must be observed that only in comparatively recent times has there been such a system, and that, either as a part of such a development, or as a result of it, the courts have only recently extended the scope of judicial review ...


Administrative Law Of The Seventies, Hudson N. Janisch May 1978

Administrative Law Of The Seventies, Hudson N. Janisch

Dalhousie Law Journal

Canadian lawyers make far too little use of the rich body of administrative law which has been developed in the United States. To some extent this is because the very sophistication and complexity of that law makes occasional unorganized forays and serendipitous research intimidating and, all too often, frustrating ventures. The purpose of this review is to introduce the Canadian reader to the latest volume of the leading treatise and to a new one volume textbook. Each, in its own way, may serve as an invaluable guide and introduction to American administrative law. Before going any further it would be ...


1977 Amendments To The Administrative Procedure Act, George Sheldon Apr 1978

1977 Amendments To The Administrative Procedure Act, George Sheldon

Florida State University Law Review

No abstract provided.


Administrative Law: Practical Pointers, Gary L. Crawford Apr 1978

Administrative Law: Practical Pointers, Gary L. Crawford

University of Baltimore Law Forum

No abstract provided.


Delay In Review Of Initial Decisions: The Case For Giving More Finality To The Findings Of Fact Of The Administrative Law Judge*, George Ernest Marzloff Mar 1978

Delay In Review Of Initial Decisions: The Case For Giving More Finality To The Findings Of Fact Of The Administrative Law Judge*, George Ernest Marzloff

Washington and Lee Law Review

No abstract provided.


Recent Developments In Nova Scotian Administrative Law, David J. Mullan Feb 1978

Recent Developments In Nova Scotian Administrative Law, David J. Mullan

Dalhousie Law Journal

In 1976, in the first of these surveys, I dealt exclusively with Nova Scotia decisions involving the substantive grounds of judicial review - jurisdictional error, error of law on the face of the record and breach of the rules of natural justice.' Remedies were scarcely mentioned for the very good reason that in the period then under review there were few, if any cases, raising important remedial problems. Now, just over a year later, the situation is the reverse. Most of the interesting judicial review cases of the last eighteen months in Nova Scotia have been ones involving remedial problems. Indeed ...


Vermont Yankee Nuclear Power Corporation V. Natural Resources Defense Council, Inc. Consumers Power Company V. Nelson Aeschliman, Et Al., Patrick C. Mcginley Jan 1978

Vermont Yankee Nuclear Power Corporation V. Natural Resources Defense Council, Inc. Consumers Power Company V. Nelson Aeschliman, Et Al., Patrick C. Mcginley

Law Faculty Scholarship

No abstract provided.


Board Of Curators Of The University Of Missouri V. Horowitz: Academic Versus Judicial Expertise, R. Lawrence Dessem Jan 1978

Board Of Curators Of The University Of Missouri V. Horowitz: Academic Versus Judicial Expertise, R. Lawrence Dessem

Faculty Publications

In Board of Curators of the University of Missouri v. Horowitz' the United States Supreme Court rejected the argument that public university students are constitutionally entitled to a hearing prior to their dismissal from school for academic reasons. In ruling against a former medical student at the University of Missouri-Kansas City, the Court concluded that "the determination whether to dismiss a student for academic reasons requires an expert evaluation of cumulative information and is not readily adapted to the procedural tools of judicial or administrative decisionmaking. ' In this article that conclusion and the several opinions in Horowitz will be analyzed ...


A Primer On Administrative Rules And Rule-Making In Kentucky, Edward H. Ziegler Jr. Jan 1978

A Primer On Administrative Rules And Rule-Making In Kentucky, Edward H. Ziegler Jr.

Kentucky Law Journal

No abstract provided.


The Mobius Strip Of The First Amendment: Perspectives On Red Lion, William W. Van Alstyne Jan 1978

The Mobius Strip Of The First Amendment: Perspectives On Red Lion, William W. Van Alstyne

Faculty Publications

No abstract provided.


State Ownership Of Beds Of Inland Waters - A Summary And Reexamination, Peter N. Davis Jan 1978

State Ownership Of Beds Of Inland Waters - A Summary And Reexamination, Peter N. Davis

Faculty Publications

This article will summarize the basic structure of bed title law and will examine its current status under the recent Supreme Court decisions. It will then analyze the cases to determine the location of title of beds of federally nonnavigable inland waters when a state created from a federal territory asserts such title.


Expert Witnesses--Right To Pay Expert Witnesses On A Contingent-Fee Basis In Civil Cases, Gale Reddie Lea Jan 1978

Expert Witnesses--Right To Pay Expert Witnesses On A Contingent-Fee Basis In Civil Cases, Gale Reddie Lea

West Virginia Law Review

No abstract provided.


The Next Minority Takes To The Air: The Faa And Cab Regulations For Air Transportation Of The Handicapped, Elizabeth G. Thornburg Jan 1978

The Next Minority Takes To The Air: The Faa And Cab Regulations For Air Transportation Of The Handicapped, Elizabeth G. Thornburg

Journal of Air Law and Commerce

No abstract provided.


Understanding Judicial Review Of Federal Agency Action: Kafkaesque And Langdellian, Gary C. Leedes Jan 1978

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.


Administrative Law - Adminsitrative Procedure Act - Standing To Challenge Agency Action Requires A Showing That The Plaintiff Has Suffered Injury In Fact To A Protected Interest From The Face Of The Patricular Statutory Provision Allegedly Violated, Or When Protective Intent Is Clear From Its Legislative History, Kenneth A. Jacobsen Jan 1978

Administrative Law - Adminsitrative Procedure Act - Standing To Challenge Agency Action Requires A Showing That The Plaintiff Has Suffered Injury In Fact To A Protected Interest From The Face Of The Patricular Statutory Provision Allegedly Violated, Or When Protective Intent Is Clear From Its Legislative History, Kenneth A. Jacobsen

Villanova Law Review

No abstract provided.


Communications Law - Television - Antisiphoning Rules Governing Movie And Sports Content Of Pay Cable Television Exceeded Jurisdiction Of Fcc Under Federal Communications Act, Jennifer Hess Asher Jan 1978

Communications Law - Television - Antisiphoning Rules Governing Movie And Sports Content Of Pay Cable Television Exceeded Jurisdiction Of Fcc Under Federal Communications Act, Jennifer Hess Asher

Villanova Law Review

No abstract provided.


Adminsitrative Law - Eligibility Under The Uniform Relocation Act: Federal Mortage Insurance And The Determination Of Displaced Person, Catherine Kalita Mclamb Jan 1978

Adminsitrative Law - Eligibility Under The Uniform Relocation Act: Federal Mortage Insurance And The Determination Of Displaced Person, Catherine Kalita Mclamb

Villanova Law Review

No abstract provided.


Note, Designating Areas Unsuitable For Surface Coal Mining, Mark S. Squillace Jan 1978

Note, Designating Areas Unsuitable For Surface Coal Mining, Mark S. Squillace

Articles

No abstract provided.


Soft Information: The Sec's Former Exogenous Zone, Ted J. Fiflis Jan 1978

Soft Information: The Sec's Former Exogenous Zone, Ted J. Fiflis

Articles

No abstract provided.


Private Causes Of Action Under Federal Agency Nondiscrimination Statutes, Julia C. Lamber Jan 1978

Private Causes Of Action Under Federal Agency Nondiscrimination Statutes, Julia C. Lamber

Articles by Maurer Faculty

Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race in programs and activities receiving federal financial assistance. Similarly Title IX of the Education Amendments of 1972 prohibits sex discrimination in federally funded education programs or activities. Although the effect of Title VI has been felt primarily in education, the statutory prohibition applies to any federally funded activity, public or private, including hospitals, social service and welfare agencies, law enforcement agencies, housing, and recreational programs. Both statutes provide for administrative enforcement against prohibited activities. This article explores the question of whether a private cause ...


Applying The Freedom Of Information Act In The Area Of Federal Grant Law: Exploring An Unknown Entity, Dave R. Kelleher Jan 1978

Applying The Freedom Of Information Act In The Area Of Federal Grant Law: Exploring An Unknown Entity, Dave R. Kelleher

Cleveland State Law Review

In the recent District of Columbia Court of Appeals case of Forsham v. Califano, the definition of "agency records" was equated with the definition of "agency" under the Freedom of Information Act (FOIA). The purpose of this Comment is to examine the propriety and impact of such a definition of "agency records" in light of the people's right to know what their government is doing, using as a focal point the controversy that arose in Forsham v. Califano.