Administrative Law Commons^™

Bryan V. Itasca County, Minnesota, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Appeal No. 0020: A. Joseph Vohlers And Margaret H. Vohlers 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. 211

Appeal No. 0021: Mansfield Drilling Company, Inc. 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. 212

Operational Aspects Of A Central Hearing Examiners Pool: California's Experiences, George R. Coan

Florida State University Law Review

No abstract provided.

The Impact Of The Proposed Model Rules On Agencies And Standards For Agency Exemptions, Robert L. Shevin

Florida State University Law Review

No abstract provided.

A National Perspective Of Administrative Law And The Florida Administrative Procedure Act, Cornelius Bryant Kennedy

Florida State University Law Review

No abstract provided.

A Comparison Of Florida Administrative Practice Under The Old And The New Administrative Procedure Acts, L. Harold Levinson

Florida State University Law Review

No abstract provided.

Access To Public Documents In Kentucky, Carla Whitaker Allen

Kentucky Law Journal

No abstract provided.

Appeal No. 0013: Baldwin Producing Corporation 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 Orders #130, and Amendments No.1 & 2 to Order #130

Antoine V. Washington, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Reasoning By Riddle: The Power To Prohibit In Georgia Local Government Law, R. Perry Sentell Jr.

Scholarly Works

One of the most significant and potentially objectionable powers exercised by any level of government is the power to regulate or prohibit the trades and occupations of its citizens. Of course, the only avenue for contesting the validity of such regulations is through the courts, at which time the basic tension of the individual’s right to earn a living vs. the government’s power to control his business comes quickly to the forefront. In his Article, Professor Sentell, dealing strictly with the power of Georgia local governments, points out that the Georgia courts have confounded the area by inconsistent consideration of …

State Regulation Of Nontransportation Noise: Law And Technology, Sheldon J. Plager, Roger W. Findley

Articles by Maurer Faculty

No abstract provided.

Appeal No. 0017: D. O. Lynn, Dba Lynn Oil And Gas Department Of Natural Resources Company 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. 171

A Survey Of The Ohio Administrative Procedures Act, Glenn R. Jones

Cleveland State Law Review

The recent expansion of the use of administrative agencies to facilitate the functioning of the various levels of governmental operations has created a correspondingly complex morass of procedural law. Administrative procedure being the creation of administrative law, a definition of the latter is necessary for an understanding of the former. This area of law has been demarcated by "the provisions of statutes conferring rule making and adjudicatory powers upon organizations in government outside the judicial branch and orders entered by these agencies pursuant to such powers."' It should be noted, however, that this definition, like other brief definitions of broad …

A Survey Of Principal Procedural Elements Among State Administrative Procedures Acts, Nancy J. Balzer, Michael S. Goldstein, David S. King, William H. Rider Jr.

Cleveland State Law Review

The area of state administrative law, relatively contemporary in origin, has undergone tremendous expansion and now encompasses a considerable body of common law as well as statutory enactments. As Mr. Justice Jackson has said, "The rise of administrative agencies has probably been the most significant legal trend of the last century." Concurrent with the rise in the number of agencies has been the recent enactments of, and amendments to, state administrative procedure acts. In view of the increasing amount of case law and commentary in the field of administrative law, this note confines itself to a survey of several of …

Judicial Review For Ohio's Civil Servants, Donald Applestein

Cleveland State Law Review

With the proliferation of administrative agencies, numerous problems are naturally encountered. In spite of the tendency toward problems, one would hope that in establishing these agencies, the legislature whether it be on the local, state, or federal level would do its utmost to insure uniformity within a given area. A review of sections 119.12, 143.27, and 2506 of the Ohio Revised Code and the relevant case law, however, reveals the Ohio legislature's failure to insure that uniformity.

Judicial Review Of Zoning Adminstration, Richard A. Pelletier

Cleveland State Law Review

This discussion will focus on the role of the courts in zoning administration judicial review. More specifically, the limitations of that role, as it is now employed, will be examined with a suggested alternative. However, beforye a meaningful explanation of that topic can be undertaken it is necessary to provide a brief description of the zoning procedure before judicial review is summoned into the fray. For this reason, the initial portion of this comment is devoted to a general discussion of the source of the municipality's authority to promulgate zoning ordinances, and the makeup and function of the local zoning …

Negligence--Violation Of Safety Regulation As Negligence Per Se: The Perishable Sanction, David Lemaster

Kentucky Law Journal

No abstract provided.

The North Slope Borough, Oil, And The Future Of Local Government In Alaska, David H. Getches

Publications

No abstract provided.

Michigan's Environmental Protection Act Of 1970: A Progress Report, Joseph L. Sax, Roger L. Conner

Michigan Law Review

The Michigan Environmental Protection Act of 1970 (EPA) represents a departure from the long-standing tradition under which control of environmental quality has been left almost exclusively in the hands of regulatory agencies: it gives to ordinary citizens an opportunity to take the initiative in environmental law enforcement.

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 …

Motor Vehicle Air Pollution: State Authority And Federal Pre-Emption, David P. Currie

Michigan Law Review

The problem of state authority over motor vehicle air pollution was recently highlighted when the Illinois Air Pollution Control Board, for the first time, adopted regulations to deal with vehicle emissions. Those regulations are disappointingly feeble. Except for outlawing visible smoke and for making it unlawful to dismantle pollution control devices, the new rules do nothing but state that the Board may decide to do something in the future about pollution from automobiles.

In attempting to improve upon these regulations, however, one is struck with a sense of considerable futility. Given the present limits of technology and the necessarily legislative …

Jurisdiction--Atomic Energy--Federal Pre-Emption And State Regulation Of Radioactive Air Pollution: Who Is The Master Of The Atomic Genie?, Michigan Law Review

Michigan Law Review

Pending litigation between the Minnesota Pollution Control Agency and Northern States Power Company presents a potential federal-state conflict over the right of a state to impose upon operators of nuclear power plants more exacting pollution control standards than those required by regulations of the Atomic Energy Commission (AEC). The AEC issued Northern States Power Company a permit to construct a nuclear power generating plant in Monticello, Minnesota. The regulations under which that permit was issued place a ceiling on the amount of radioactive effluents which can be discharged into the air during the course of the plant's operations. But under …

Michigan Environmental Protection Act Of 1970, Susan Pearce

University of Michigan Journal of Law Reform

Widespread public preoccupation with environmental quality is a recent development, and one that has provided the impetus for a thorough examination of existing governmental structures in order to establish a functional system for the environment's protection and improvement. Commenting on this development, a leading environmental lawyer recently noted: "[T]he explosion of concern for the environment, at every private and governmental level, is the great political phenomenon of the last twelve months." As concern has grown about the quality of the environment, so too has skepticism increased about the ability of present institutions to cope with the problem. A constitutional amendment …

Appeal No. 0008: John S. Kidd, Sr. 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 #56

Appeal No. 0007: Noble Cunningham, D/B/A Ohio Crude Oil, A Limited Partnership 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 #26

The Need For An Ombudsman In State Government, Frank E. Cooper

University of Michigan Journal of Law Reform

Despite the vast powers which have been delegated to state administrative agencies, comparatively little attention has been paid to their organization or methods of operation. As a result, some state agencies in their day-to-day operations fail to meet desirable standards of fair procedure. Each year, thousands of American citizens emerge indignant from an encounter with some agency representative who they assert has treated them impolitely or denied them what they deem to be their rights. But often the case does not involve enough to justify the expense of taking it to court, and the outraged citizen fumes in frustration, concluding …

Recent Trends In State Planning Legislation: A Selective Survey, Max E. Schlopy

Buffalo Law Review

No abstract provided.

The Elementary And Secondary Education Act The Implications Of The Trust-Fund Theory For The Church-State Questions Raised By Title I, Jon Feikens

Michigan Law Review

The issues raised by the granting of federal aid both to education in general and to non-public education in particular have caused considerable controversy in recent years. Although several federal statutes dealing with various aspects of both types of aid had been enacted previously, the early 1960's saw an increased desire on the part of Congress to enter this area with a comprehensive plan. Finally, in 1965, the question of aid to education in general was resolved in favor of carrying the war on poverty to the elementary and secondary schools. Simultaneously, a so-called "church-state settlement" was reached whereby it …

Appeal No. 0004: Evelyn H. Lyons 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 #8