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Full-Text Articles in Law

Judicial Review Of Private Hospital Activities, Michigan Law Review Dec 1976

Judicial Review Of Private Hospital Activities, Michigan Law Review

Michigan Law Review

This Note will examine the judicial review of hospitals under state law and the fourteenth amendment and will suggest that unless certain clear requirements for "publicness" are met, judicial restraint based on the failure of legislative institutions to mandate judicial interference is the better course.


Judicial Law Making And Administration, Roger C. Cramton Oct 1976

Judicial Law Making And Administration, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.


Recent Developments In Nova Scotian Administrative Law, David J. Mullan Jul 1976

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

Dalhousie Law Journal

Unlike a number of the subject areas covered by this symposium, Administrative Law in a Nova Scotia context has been much written about in the last three years. There have been two conferences on judicial review of administrative action sponsored by the Dalhousie University Law School Public Services Committee. Many of the papers appearing in the proceedings of those conferences have a distinctly Nova Scotian flavour. Indeed, the 1975 "University and the Law" Conference sponsored by the same Committee also featured a number of papers with a Nova Scotia Administrative Law bent,4 albeit of a much more specialized kind. Then …


Judicial Review Under The Federal Water Pollution Control Act Amendments Of 1972: Which Federal Court? Jun 1976

Judicial Review Under The Federal Water Pollution Control Act Amendments Of 1972: Which Federal Court?

Washington and Lee Law Review

No abstract provided.


American Liberals And Judicial Activism: Alexander Bickel's Appeal From The New To The Old, Maurice J. Holland Apr 1976

American Liberals And Judicial Activism: Alexander Bickel's Appeal From The New To The Old, Maurice J. Holland

Indiana Law Journal

No abstract provided.


Judicial Review In Local Government Law: A Reappraisal, Harold H. Bruff Jan 1976

Judicial Review In Local Government Law: A Reappraisal, Harold H. Bruff

Publications

No abstract provided.


Judicial Review Of Jeopardy Tax Collection: Sentence First, Verdict Afterwards, Charles H. Gustafson Jan 1976

Judicial Review Of Jeopardy Tax Collection: Sentence First, Verdict Afterwards, Charles H. Gustafson

Case Western Reserve Law Review

No abstract provided.


Why Judges Must Make Law, Jack G. Day Jan 1976

Why Judges Must Make Law, Jack G. Day

Case Western Reserve Law Review

No abstract provided.


Citizen Access To Judicial Review Of Administrative Action In A Transnational And Federal Context, Eric Stein, Joseph Vining Jan 1976

Citizen Access To Judicial Review Of Administrative Action In A Transnational And Federal Context, Eric Stein, Joseph Vining

Articles

In an international legal order dominated by states, the individual citizen is generally viewed as lacking international legal personality. It is true with little exception that an individual cannot appear in an international forum, political or judicial, to press his rights. Despite the dramatically increased emphasis upon international protection of basic human rights, individuals have been given access to international dispute-settlement machinery in only a few isolated instances within the United Nations system, and on a regional level pursuant to the European Convention on Human Rights. The Paris Treaty establishing the European Coal and Steel Community (ECSC) and the Rome …


Judicial Review: Its Influence Abroad, Donald P. Kommers Jan 1976

Judicial Review: Its Influence Abroad, Donald P. Kommers

Journal Articles

The doctrine of judicial review, having been nourished in a legal culture and socio-political environment favorable to its growth, is America’s most distinctive contribution to constitutional government. Judicial review as historically practiced in the United States was duly recorded abroad, with varying degrees of influence and acceptability. During the nineteenth and early twentieth centuries, the influence of judicial review was most conspicuous in Latin America, where it was adopted as an articulate principle of numerous national constitutions, while most European nations consciously rejected it as incompatible with the prevailing theory of separation of powers. Germany, Austria, and Switzerland, although marginally …