Administrative Law Commons^™

The Scope Of Judicial Review In French Administrative Law, George A. Bermann

Faculty Scholarship

The arguments that may be raised in support of a claim of abuse of discretion must go to the legality, not just the wisdom or advisability, of administrative action. Though the judge is responsible for seeing to it that the government acts in conformity with law, he may not put himself in its place or interfere in its functioning. His job is not to determine whether in a given case a certain administrative official ought to have acted and, if so, in one particular way. He has neither the means nor the materials for judgments of this sort, nor does …

Rules, Adjudications, And Other Sources Of Law In An Executive Department: Reflections On The Interior Department's Administration Of The Mining Law, Peter L. Strauss

Faculty Scholarship

Professor Strauss presents in this article a detailed case study of policymaking by the Department of the Interior in its administration of mining law. The antiquated nature of the General Mining Law of 1872, essentially unchanged since its enactment, has placed a great responsibility for "writing" the law of mining claims upon the Department, highlighting the problems that exist with the Department's internal allocation of its policymaking function.

The focus of this piece is a study of those problems and an examination of possible remedies. Professor Strauss criticizes, in particular, the inaccessibility of Department "law" and the Department's excessive reliance …

Mining Claims On Public Lands: A Study Of Interior Department Procedures, Peter L. Strauss

Faculty Scholarship

The Department of the Interior's disposition of mining claims on public lands, largely unknown to lawyers outside the West, is a significant field of federal administrative activity and an important element in planning rational use of the public lands. While energy minerals found under public lands typically pass by lease and common varieties such as sand and gravel are subject to sale, most other mineral deposits on federal property are claimed for possible exploitation by the mining claim, or "location."

The location system arose out of miners' custom, at a time when the federal lands were vacant and no federal …

Bringing The Vagueness Doctrine On Campus, George A. Bermann, Ballard Jamieson Jr.

Faculty Scholarship

Although students have traditionally paid little attention to university disciplinary codes, recent campus disturbances have given these codes unprecedented significance. Those subjected to disciplinary proceedings have charged, among other things, that the provisions which regulate their behavior are too vague to inform them of what they may and may not do. Arguing that a broadly-worded code of conduct is necessary to govern, university administrators, however, have refused to make their regulations more precise.