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Articles 91 - 94 of 94
Full-Text Articles in Administrative Law
Reasoning By Riddle: The Power To Prohibit In Georgia Local Government Law, R. Perry Sentell Jr.
Reasoning By Riddle: The Power To Prohibit In Georgia Local Government Law, R. Perry Sentell Jr.
Scholarly Works
One of the most significant and potentially objectionable powers exercised by any level of government is the power to regulate or prohibit the trades and occupations of its citizens. Of course, the only avenue for contesting the validity of such regulations is through the courts, at which time the basic tension of the individual’s right to earn a living vs. the government’s power to control his business comes quickly to the forefront. In his Article, Professor Sentell, dealing strictly with the power of Georgia local governments, points out that the Georgia courts have confounded the area by inconsistent consideration of …
Whither The Nixon Board?, J. Ralph Beaird, Mack A. Player
Whither The Nixon Board?, J. Ralph Beaird, Mack A. Player
Scholarly Works
The Nixon administration has now appointed a majority of members to the National Labor Relations Board. With this change in Board composition have come significant shifts in labor policy. The authors of this Article examine these shifts in policy in light of the approaches of past Boards.
Comparative Broadcast Licensing Procedures And The Rule Of Law: A Fuller Investigation, Michael Botein
Comparative Broadcast Licensing Procedures And The Rule Of Law: A Fuller Investigation, Michael Botein
Scholarly Works
Professor Botein examines the validity of Professor Fuller's widely read but seldom criticized theory that traditional administrative adjudication is unsuited to resolve certain kinds of social tasks, which Fuller had labeled "polycentric problems." Professor Botein focuses upon Professor Fuller's example of the FCC's comparative licensing procedure as a problem unsuited to adjudication. Taking as his starting point Professor Fuller's criticism of the FCC -- a criticism Fuller never tested against the Commission's actual operations -- Professor Botein examines Fuller's theory of polycentricity by analyzing its contents, applying it to concrete situations, and exploring whether there exists any alternatives better than …
Racial Discrimination In Employment: Rights And Remedies, J. Ralph Beaird
Racial Discrimination In Employment: Rights And Remedies, J. Ralph Beaird
Scholarly Works
Professor Beaird believes that the current multiplicity of forums available to an employee who alleges discrimination against him should be merged into one. Ideally he would like to see an administrative agency given primary jurisdiction with authority similar to that possessed by the NLRB. Until an agency is given such power, Professor Beaird suggests that the forums themselves apply collateral estoppel principles to alleviate the inequities inherent in repetitious litigation.