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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
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
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
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
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
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
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.
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
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
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
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
State Regulation Of Charitable Solicitation, Elaine Waterhouse Wilson
Law Faculty Scholarship
No abstract provided.
Administrative Law, Robin Jean Davis, Louis J. Palmer Jr.
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
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
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
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
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
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
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
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
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
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
Administrative Law, Patricia A. Morrison
West Virginia Law Review
No abstract provided.
Administrative Law, John F. Donogher
Administrative Law, James W. Mcneely
Administrative Law, Elizabeth L. Crittenden
Administrative Law, Elizabeth L. Crittenden
West Virginia Law Review
No abstract provided.
Administrative, Robert L. Stewart Jr.
Toward A More Complete Notice Of Proposed Rulemaking: A Judicial Overview And Suggestions For Change, Charles R. Bailey
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
Survey Of Developments In The Fourth Circuit: 1980
West Virginia Law Review
No abstract provided.
Survey Of Developments In West Virginia Law: 1980
Survey Of Developments In West Virginia Law: 1980
West Virginia Law Review
No abstract provided.
Survey Of Developments In West Virginia Law: 1979
Survey Of Developments In West Virginia Law: 1979
West Virginia Law Review
No abstract provided.