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Articles 1 - 5 of 5
Full-Text Articles in Law
Proposals For Reforming The Administrative Procedure Act: Globalization, Democracy And The Furtherance Of A Global Public Interest (Earl A. Snyder Lecture In International Law), Alfred C. Aman
Indiana Journal of Global Legal Studies
No abstract provided.
Zurko Raises Issue Of Patentability Standards, Thomas G. Field Jr.
Zurko Raises Issue Of Patentability Standards, Thomas G. Field Jr.
Law Faculty Scholarship
In re Zurko isolated one of the oldest U.S. agencies from mainstream administrative law because the Federal Circuit has chosen to review the U.S. Patent and Trademark Office more as it would a federal district court. The case is important, if only because the Supreme Court rarely treats the PTO as an agency. Also, regardless of whether the issue or the Federal Circuit itself is the primary target, the decision could have a major effect on the type of case most commonly encountered by that court.
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.
Multicultural Participation In The Public Hearing Process: Some Theoretical, Pragmatical, And Analeptical Considerations, John C. Duncan, Jr.
Multicultural Participation In The Public Hearing Process: Some Theoretical, Pragmatical, And Analeptical Considerations, John C. Duncan, Jr.
Journal Publications
Ideally, public participation in rule-making leads to better rules. Failure to involve the public obviously dilutes or vitiates democracy in crucial ways. This Article will discuss the hearing process of administrative rule-making, and ways that agencies can accommodate multi-cultural differences so as to improve both access to participation and the efficacy of that participation. Specifically, this paper will discuss the environmental justice movement. Part II of this Article places participation problems in context by looking at specific issues of environmental equity in the rule-making process. Part III examines the need to expand public participation as a desirable goal, discusses obstacles …
The Constitution And Reconstitution Of The Standing Doctrine Comment., Laveta Casdorph
The Constitution And Reconstitution Of The Standing Doctrine Comment., Laveta Casdorph
St. Mary's Law Journal
The most effective response to the U.S. Supreme Court’s construction of Article III standards will be to revise citizen suit statutes to reaffirm its important role in giving the injured citizen a voice against the administrative state. With the rise of the administrative state in the late 1930s and 40s, the Court developed a conservative doctrine of standing to protect New Deal legislation from court-based attacks. As individual constitutional rights expanded, standing rules were liberalized, allowing litigants to challenge the actions and decisions of administrative agencies more easily. Congress passed numerous environmental statutes containing “citizen suit” provisions in the 1960s …