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Administrative Law Commons

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West Virginia University

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Articles 31 - 60 of 111

Full-Text Articles in Administrative Law

Simplify, Simplify, Simplify-An Analysis Of Two Decades Of Judicial Review In The Veterans' Benefits Adjudication System, Rory E. Riley Sep 2010

Simplify, Simplify, Simplify-An Analysis Of Two Decades Of Judicial Review In The Veterans' Benefits Adjudication System, Rory E. Riley

West Virginia Law Review

Prior to the Veterans' Judicial Review Act, the Department of Veterans Affairs existed in "splendid isolation," meaning that the Department was insu- lated from judicial review by statute. After the due process revolution of the 1960s and pressure from various veterans' organizations after the Vietnam War, Congress passed the Veterans' Judicial Review Act in 1988. The Act created the U.S. Court of Appeals for Veterans Claims, an Article I court with exclusive jurisdiction over decisions by the Board of Veterans' Appeals. This Article argues that twenty years after the Veterans' Judicial Review Act was imple- mented, the system has become …


The Unjust Exclusion Of Gay Sperm Donors: Litigation Strategies To End Discrimination In The Gene Pool, Luke A. Boso Jan 2008

The Unjust Exclusion Of Gay Sperm Donors: Litigation Strategies To End Discrimination In The Gene Pool, Luke A. Boso

West Virginia Law Review

No abstract provided.


A Tough Pill To Swallow: Does The First Amendment Prohibit Wv From Regulating Pharmaceutical Companies' Advertising Expenses To Lower The Cost Of Prescription Drugs?, Brienne Taylor Greiner Sep 2006

A Tough Pill To Swallow: Does The First Amendment Prohibit Wv From Regulating Pharmaceutical Companies' Advertising Expenses To Lower The Cost Of Prescription Drugs?, Brienne Taylor Greiner

West Virginia Law Review

No abstract provided.


Allocating The Burden Of Proof In Administrative And Judicial Proceedings Under The Individuals With Disabilities Education Act, Thomas A. Mayes, Perry A. Zirkel, Dixie Snow Huefner Sep 2005

Allocating The Burden Of Proof In Administrative And Judicial Proceedings Under The Individuals With Disabilities Education Act, Thomas A. Mayes, Perry A. Zirkel, Dixie Snow Huefner

West Virginia Law Review

No abstract provided.


The Doctrine Of Judicial Deference And The Independence Of The Federal Mine Safety And Health Review Commission, R. Henry Moore Sep 2004

The Doctrine Of Judicial Deference And The Independence Of The Federal Mine Safety And Health Review Commission, R. Henry Moore

West Virginia Law Review

No abstract provided.


If Due Process Is A Big Tent, Why Do Some Feel Excluded From The Big Top, William S. Mattingly Jun 2003

If Due Process Is A Big Tent, Why Do Some Feel Excluded From The Big Top, William S. Mattingly

West Virginia Law Review

No abstract provided.


Administrative Law, Robin Jean Davis, Louis J. Palmer Jr. Jun 2002

Administrative Law, Robin Jean Davis, Louis J. Palmer Jr.

West Virginia Law Review

No abstract provided.


Exhaustion Doctrine Should Not Be A Doctrine With Exceptions, Rebecca L. Donnellan Apr 2001

Exhaustion Doctrine Should Not Be A Doctrine With Exceptions, Rebecca L. Donnellan

West Virginia Law Review

No abstract provided.


Changing The Law In Child Abuse And Neglect Proceedings: An Improvement On Improvement Periods, Morgan E. Persinger Dec 1999

Changing The Law In Child Abuse And Neglect Proceedings: An Improvement On Improvement Periods, Morgan E. Persinger

West Virginia Law Review

No abstract provided.


Confusion Reigns Supreme: The United States Supreme Court's Refusal To Grant Certiorari In L.R. Willson And Sons, Inc. V. Oshrc Perpetuates The Split Among Circuits In Osha Employee Misconduct Cases, Heather Malone Garrison Dec 1998

Confusion Reigns Supreme: The United States Supreme Court's Refusal To Grant Certiorari In L.R. Willson And Sons, Inc. V. Oshrc Perpetuates The Split Among Circuits In Osha Employee Misconduct Cases, Heather Malone Garrison

West Virginia Law Review

No abstract provided.


State Regulation Of Charitable Solicitation, Elaine Waterhouse Wilson Jul 1998

State Regulation Of Charitable Solicitation, Elaine Waterhouse Wilson

Law Faculty Scholarship

No abstract provided.


Administrative Law, Robin Jean Davis, Louis J. Palmer Jr. Jun 1998

Administrative Law, Robin Jean Davis, Louis J. Palmer Jr.

West Virginia Law Review

No abstract provided.


The Allocation Of Authority Under The Mine Act: Is The Authority To Decide Questions Of Policy Vested In The Secretary Of Labor Or In The Review Commission, W. Christian Schumann Jun 1996

The Allocation Of Authority Under The Mine Act: Is The Authority To Decide Questions Of Policy Vested In The Secretary Of Labor Or In The Review Commission, W. Christian Schumann

West Virginia Law Review

No abstract provided.


The Illusion Of Due Process In West Virginia's Property Tax Appeals System: Making The Constitution's Promise A Reality, Michael E. Caryl Sep 1995

The Illusion Of Due Process In West Virginia's Property Tax Appeals System: Making The Constitution's Promise A Reality, Michael E. Caryl

West Virginia Law Review

No abstract provided.


Coal Royalty Valuation: The Federal Perspective, Bruce E. Mcgee Jun 1995

Coal Royalty Valuation: The Federal Perspective, Bruce E. Mcgee

West Virginia Law Review

No abstract provided.


Administrative And Private Searches For Smoking Articles Conducted Pursuant To The Federal Mine Safety And Health Act: Constitutional Considerations, David J. Hardy, Maris E. Mccambley Jun 1995

Administrative And Private Searches For Smoking Articles Conducted Pursuant To The Federal Mine Safety And Health Act: Constitutional Considerations, David J. Hardy, Maris E. Mccambley

West Virginia Law Review

No abstract provided.


Does An Administrator's General Interest In Fulfulling Her Duties Meet The Constitution's Requirements For Seeking Judicial Review Of A Decision She Doesn't Like?, Patrick C. Mcginley Dec 1994

Does An Administrator's General Interest In Fulfulling Her Duties Meet The Constitution's Requirements For Seeking Judicial Review Of A Decision She Doesn't Like?, Patrick C. Mcginley

Law Faculty Scholarship

No abstract provided.


To Defer Or Not To Defer: When Must A Court Honor An Administrative Agency's Interpretation Of Its Own Regulations?, Patrick C. Mcginley Oct 1994

To Defer Or Not To Defer: When Must A Court Honor An Administrative Agency's Interpretation Of Its Own Regulations?, Patrick C. Mcginley

Law Faculty Scholarship

No abstract provided.


Petitions For Modification Of Msha Safety Standards: Process, Problems And A Proposal For Reform, Timothy M. Biddle, Thomas C. Means, Susan E. Chetlin Apr 1989

Petitions For Modification Of Msha Safety Standards: Process, Problems And A Proposal For Reform, Timothy M. Biddle, Thomas C. Means, Susan E. Chetlin

West Virginia Law Review

No abstract provided.


Assessing Abandoned Mining Land Reclamation Fees On Coal, Deborah S. Colby Apr 1987

Assessing Abandoned Mining Land Reclamation Fees On Coal, Deborah S. Colby

West Virginia Law Review

No abstract provided.


Heckler V. Chaney: The Presumption Of Unreviewability In Administrative Nonenforcement Cases, Elizabeth L. Crittenden Jan 1987

Heckler V. Chaney: The Presumption Of Unreviewability In Administrative Nonenforcement Cases, Elizabeth L. Crittenden

West Virginia Law Review

No abstract provided.


Administrative Law, Patricia A. Morrison Jan 1987

Administrative Law, Patricia A. Morrison

West Virginia Law Review

No abstract provided.


Administrative Law, John F. Donogher Jan 1986

Administrative Law, John F. Donogher

West Virginia Law Review

No abstract provided.


Administrative Law, James W. Mcneely Jan 1985

Administrative Law, James W. Mcneely

West Virginia Law Review

No abstract provided.


Administrative Law, Elizabeth L. Crittenden Jan 1984

Administrative Law, Elizabeth L. Crittenden

West Virginia Law Review

No abstract provided.


Administrative, Robert L. Stewart Jr. Apr 1983

Administrative, Robert L. Stewart Jr.

West Virginia Law Review

No abstract provided.


Toward A More Complete Notice Of Proposed Rulemaking: A Judicial Overview And Suggestions For Change, Charles R. Bailey Oct 1981

Toward A More Complete Notice Of Proposed Rulemaking: A Judicial Overview And Suggestions For Change, Charles R. Bailey

West Virginia Law Review

The cornerstone of informal rulemaking is the notice and comment procedure. Through this simple, and often efficient system, administrative agencies perform many of their delegated duties. This broad delegation, however, carries with it a substantial burden. Administrative agencies must decide controversial and complex issues that affect all facets of American life. The failure of the rulemaking procedure may unduly delay the implementation of laws which are designed to protect the health of workers, preserve the environment, and insure that the nation's business proceeds in an orderly fashion. It is therefore necessary to properly adhere to rulemaking procedures in order that …


Survey Of Developments In The Fourth Circuit: 1980 Apr 1981

Survey Of Developments In The Fourth Circuit: 1980

West Virginia Law Review

No abstract provided.


Survey Of Developments In West Virginia Law: 1980 Dec 1980

Survey Of Developments In West Virginia Law: 1980

West Virginia Law Review

No abstract provided.


Survey Of Developments In West Virginia Law: 1979 Apr 1980

Survey Of Developments In West Virginia Law: 1979

West Virginia Law Review

No abstract provided.