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Administrative Law Commons

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West Virginia University

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Articles 61 - 90 of 111

Full-Text Articles in Administrative Law

Citizen Participation In The Regulation Of Surface Mining, Joshua I. Barrett Jun 1979

Citizen Participation In The Regulation Of Surface Mining, Joshua I. Barrett

West Virginia Law Review

Public participation in the regulatory process has become increasingly common in recent years, especially in environmental matters. The West Virginia Surface Mining and Reclamation Act contains a number of devices by which citizens can present their views concerning proposed strip mines and can compel enforcement of the Act's provisions. The federal Surface Mining Control and Reclamation Act of 1977, by allowing citizen access to almost every phase of the regulatory process, opens even more avenues for participation than are currently available in West Virginia and other states. An invitation to citizens to take part in these regulatory and enforcement activities …


The Judicialization Of Federal Administrative Law Judges: Implications For Policymaking, Gerald M. Pops Feb 1979

The Judicialization Of Federal Administrative Law Judges: Implications For Policymaking, Gerald M. Pops

West Virginia Law Review

Students of the American federal administrative legal process have long debated the question of whether those persons charged with the responsibility for developing and conducting the formal hearing process and for making "initial decisions" in agency adjudication should act more like judges or more like administrators. Advocates of the judicial model of behavior seek to inject into the administrative process certain values inherent and traditional in Anglo-American courts. These values particularly, although not exclusively, include the protection of the personal, property and procedural rights of private citizens which have been developed by judges acting in their traditional capacities as makers …


Survey Of Developments In West Virginia Law: 1978 Feb 1979

Survey Of Developments In West Virginia Law: 1978

West Virginia Law Review

No abstract provided.


Due Process Applied To Utility Rate Increases: State Ex Rel. Knight V. Psc, Larry Ford Sep 1978

Due Process Applied To Utility Rate Increases: State Ex Rel. Knight V. Psc, Larry Ford

West Virginia Law Review

No abstract provided.


Vermont Yankee Nuclear Power Corporation V. Natural Resources Defense Council, Inc. Consumers Power Company V. Nelson Aeschliman, Et Al., Patrick C. Mcginley Jan 1978

Vermont Yankee Nuclear Power Corporation V. Natural Resources Defense Council, Inc. Consumers Power Company V. Nelson Aeschliman, Et Al., Patrick C. Mcginley

Law Faculty Scholarship

No abstract provided.


Expert Witnesses--Right To Pay Expert Witnesses On A Contingent-Fee Basis In Civil Cases, Gale Reddie Lea Jan 1978

Expert Witnesses--Right To Pay Expert Witnesses On A Contingent-Fee Basis In Civil Cases, Gale Reddie Lea

West Virginia Law Review

No abstract provided.


Survey Of Develpoments In West Virginia Law: 1977, Joseph W. Bowman, Thomas Evans, Janet Archer Goodwin, Laura Jane Kelly, Kenneth E. Tawney Sep 1977

Survey Of Develpoments In West Virginia Law: 1977, Joseph W. Bowman, Thomas Evans, Janet Archer Goodwin, Laura Jane Kelly, Kenneth E. Tawney

West Virginia Law Review

No abstract provided.


Rights And Responsibilities In Administrative Rule Making In West Virginia, Alfred S. Neely Iv Jun 1977

Rights And Responsibilities In Administrative Rule Making In West Virginia, Alfred S. Neely Iv

West Virginia Law Review

No abstract provided.


Survey Of Developments In West Virginia Law: 1976 Apr 1977

Survey Of Developments In West Virginia Law: 1976

West Virginia Law Review

No abstract provided.


The Future Of Civil Monetary Penalties: Two Federal Safety Statutes Compared, William Hugh O'Riordan Jan 1977

The Future Of Civil Monetary Penalties: Two Federal Safety Statutes Compared, William Hugh O'Riordan

West Virginia Law Review

No abstract provided.


Survey Of Developments In West Virginia Law: 1975-1976, Lloyd George Jackson Ii, John Burdick Koch, Alan Dale Moats, Thomas A. Vorbach Jun 1976

Survey Of Developments In West Virginia Law: 1975-1976, Lloyd George Jackson Ii, John Burdick Koch, Alan Dale Moats, Thomas A. Vorbach

West Virginia Law Review

No abstract provided.


Prohibition Of Surface Mining In West Virginia, Patrick Charles Mcginley Jun 1976

Prohibition Of Surface Mining In West Virginia, Patrick Charles Mcginley

West Virginia Law Review

No abstract provided.


Prisoner's Rights--The Need For An Inmate Grievance Commission In West Virginia, Thomas W. Kupec May 1976

Prisoner's Rights--The Need For An Inmate Grievance Commission In West Virginia, Thomas W. Kupec

West Virginia Law Review

No abstract provided.


The Federal Water Pollution Control Act Amendments Of 1972 As Applied To The Surface Mine In West Virginia--Pollutant Discharge Permit Requirements, Lawrence W. Marquess Feb 1976

The Federal Water Pollution Control Act Amendments Of 1972 As Applied To The Surface Mine In West Virginia--Pollutant Discharge Permit Requirements, Lawrence W. Marquess

West Virginia Law Review

No abstract provided.


Administrative Procedure--Judicial Review--Abolition Of Extraordinary Writs, Roy V. Creasy Apr 1975

Administrative Procedure--Judicial Review--Abolition Of Extraordinary Writs, Roy V. Creasy

West Virginia Law Review

No abstract provided.


Vepco--The Need For A Revised Tax Appeals Procedure In West Virginia, J. Timothy Philipps Nov 1973

Vepco--The Need For A Revised Tax Appeals Procedure In West Virginia, J. Timothy Philipps

West Virginia Law Review

No abstract provided.


Civil Rights--Administrative Enforcement--Damages As An Appropriate Remedy, Harvey D. Peyton Apr 1973

Civil Rights--Administrative Enforcement--Damages As An Appropriate Remedy, Harvey D. Peyton

West Virginia Law Review

No abstract provided.


Judicial Review: A Tri-Dimensional Concept Of Administrative-Constitutional Law, Frank R. Strong Apr 1967

Judicial Review: A Tri-Dimensional Concept Of Administrative-Constitutional Law, Frank R. Strong

West Virginia Law Review

In an earlier issue of the present volume of the Review, an effort was made to dispel the seeming absurdity that "Separation of Powers, the cardinal principle upon which the federal and all state governments are founded, a great American contribution to the science of government, violates the due process clause!" The quotation is from an able and exhaustive article on Judicial Review of Administrative Action in West Virginia, written by Kenneth Gulp Davis at the beginning of a teaching and writing career which has brought him preminence in the field of Administrative Law. The article appeared in Volume 44 …


Judicial Review: A Tri-Dimensional Concept Of Administrative-Constitutional Law, Frank R. Strong Feb 1967

Judicial Review: A Tri-Dimensional Concept Of Administrative-Constitutional Law, Frank R. Strong

West Virginia Law Review

In the pages of Volume 44 of the West Virginia Law Quarterly, Professor Kenneth Culp Davis, then a young law teacher in this College of Law, found in certain decisions of the supreme court of this State and of the Supreme Court of the United States the paradox that "Separation of powers, the cardinal principle upon which the federal and all the state governments are founded, a great American contribution to the science of government, violates the due process clause!" To Professor Davis this result seemed exceedingly absurd, and in this adverse judgment he has had with him the great …


Abstracts Of Recent Cases, Jerry David Hogg Feb 1967

Abstracts Of Recent Cases, Jerry David Hogg

West Virginia Law Review

No abstract provided.


Administrative Law--Judicial Review Under West Virginia Administrative Procedure Act Not Applicable To Agency Actions Relating Solely To Internal Management, Paul Robert Rice Dec 1966

Administrative Law--Judicial Review Under West Virginia Administrative Procedure Act Not Applicable To Agency Actions Relating Solely To Internal Management, Paul Robert Rice

West Virginia Law Review

No abstract provided.


Administrative Law--Use Of Writ Of Prohibition, John Welton Fisher Ii Dec 1965

Administrative Law--Use Of Writ Of Prohibition, John Welton Fisher Ii

West Virginia Law Review

No abstract provided.


Criminal Law--Administrative Law And The Right To Trial By Jury, William Jack Stevens Dec 1965

Criminal Law--Administrative Law And The Right To Trial By Jury, William Jack Stevens

West Virginia Law Review

No abstract provided.


The West Virginia Administrative Procedure Act, Charles M. Harrison Apr 1964

The West Virginia Administrative Procedure Act, Charles M. Harrison

West Virginia Law Review

No abstract provided.


Administrative Law--The Right To Judicial Review Of Administrative Action, Thomas Franklin Mccoy Feb 1963

Administrative Law--The Right To Judicial Review Of Administrative Action, Thomas Franklin Mccoy

West Virginia Law Review

No abstract provided.


Administrative Law--Scope Of Judicial Review--Substantial Evidence Rule, J. O. F. Apr 1958

Administrative Law--Scope Of Judicial Review--Substantial Evidence Rule, J. O. F.

West Virginia Law Review

No abstract provided.


Mandamus To Review Administrative Action In West Virginia, Ray Jay Davis Dec 1957

Mandamus To Review Administrative Action In West Virginia, Ray Jay Davis

West Virginia Law Review

Limitation by law of governmental action and legal responsibility of officials are ramparts in defense of constitutional democracy. The American people expect all branches of government-executive and legislative, as well as judicial-to protect us against arbitrary official action. Lawyers, however, are primarily interested in judicial restraints and limitations upon officialdom. This article is an examination of the West Virginia law concerning one of the methods used by courts to control administrative officers-the writ of mandamus.


The Doctrine Of Precedent As Applied To Administrative Decisions, Ray Jay Davis Feb 1957

The Doctrine Of Precedent As Applied To Administrative Decisions, Ray Jay Davis

West Virginia Law Review

When the Twentieth Century acceleration of administrative dispensation of justice has come criticism of procedures followed by administrative agencies. Many complaints focus upon procedural differences between administrative and judicial adjudication, considering the latter as the acceptable norm and any deviation therefrom by administrative officials as erroneous. One such objection is that administrative tribunals do not adhere to the Anglo-American doctrine of precedent; that, instead of acting in accord with generalizations gleaned from their previous adjudications, they treat each case as a single, unique instance. Criticism of this sort presupposes that the same values served by judicial adherence to precedent are …


A Treatise On Administrative Law, Ray J. Davis Dec 1956

A Treatise On Administrative Law, Ray J. Davis

West Virginia Law Review

No abstract provided.


Administrative Law--Extent Of Judicial Review--Rulings Of The Federal Communications Commission, B. F. D. Apr 1956

Administrative Law--Extent Of Judicial Review--Rulings Of The Federal Communications Commission, B. F. D.

West Virginia Law Review

No abstract provided.