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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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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.
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
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
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
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.
Administrative Law--Extent Of Judicial Review--Rulings Of The Federal Communications Commission, B. F. D.
West Virginia Law Review
No abstract provided.