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Articles 1 - 2 of 2
Full-Text Articles in Law
When The Teachers And Parents Can't Agree, Who Really Decides - Burdens Of Proof And Standards Of Review Under The Education For All Handicapped Children Act, Thomas F. Guernsey
When The Teachers And Parents Can't Agree, Who Really Decides - Burdens Of Proof And Standards Of Review Under The Education For All Handicapped Children Act, Thomas F. Guernsey
Cleveland State Law Review
Burdens of proof and standards of review can have a significant impact on the outcome of proceedings brought under the Education for All Handicapped Children Act and deserve a more consistently thoughtful approach than has been provided to date. Any confusion that exists may well be the result of courts, including the United States Supreme Court, failing to distinguish the various parts of the administrative process. The simple step of looking realistically at the administrative process (rather than lumping together Local Education Authorities, State Education Authorities, local due process hearings, and state administrative appeals, as the Supreme Court did in …
The Epa's Discretion To Regulate Acid Rain: A Discussion Of The Requirements For Triggering Section 115 Of The Clean Air Act, Stuart N. Keith
The Epa's Discretion To Regulate Acid Rain: A Discussion Of The Requirements For Triggering Section 115 Of The Clean Air Act, Stuart N. Keith
Cleveland State Law Review
Acid rain does not respect political boundaries; the problem of acid rain has had a devastating effect on human health and the environment of the northeastern United States as well as the area across the Canadian border. Recognizing the implications of trans-boundary air pollution problems such as acid rain, Congress amended section 115 of the Clean Air Act to permit the Administrator of the Environmental Protection Agency to order the reduction of air pollution menaces emanating from the United States which affect foreign nations. New York v. Thomas is the first major case to interpret section 115 and it will …