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Administrative Law Commons™

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1991

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Institution
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Articles 331 - 341 of 341

Full-Text Articles in Administrative Law

The Case For Integrated Pollution Control, Lakshman Guruswamy Jan 1991

The Case For Integrated Pollution Control, Lakshman Guruswamy

Publications

No abstract provided.

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Due Process, Judicial Review, And The Rights Of The Individual, Edward D. Re Jan 1991

Due Process, Judicial Review, And The Rights Of The Individual, Edward D. Re

Cleveland State Law Review

As a federal judge I fully appreciate the role of the judiciary in reviewing the actions of administrative agencies. Hence, I am pleased to discuss the concepts of due process, judicial review, and the rights of the individual. Since it cannot be questioned that public officers and administrative agencies vitally affect the lives and interests of all persons, it is important to know the legal controls and remedies that are available to assure that public officials act lawfully. This, of course, implies that all administrators and officers of government must act within the bounds of their delegated authority and comply …

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Comments On Bernard Schwartz’ Essay, Marshall J. Breger Jan 1991

Comments On Bernard Schwartz’ Essay, Marshall J. Breger

Scholarly Articles

No abstract provided.

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Sunstein, Statutes, And The Common Law – Reconciling Markets, The Communal Impulse, And The Mammoth State, Peter L. Strauss Jan 1991

Sunstein, Statutes, And The Common Law – Reconciling Markets, The Communal Impulse, And The Mammoth State, Peter L. Strauss

Faculty Scholarship

Professor Cass Sunstein's new book, After the Rights Revolution: Reconceiving the Regulatory State, builds upon, and in important ways seeks to integrate, much of Professor Sunstein's work over the past several years. He has been one of our most prolific and influential writers on issues of governmental structure, approaching the subject both from more or less conventional administrative law perspectives and from the constitutional perspectives of separation of powers. His work has dealt with a tension often addressed in the literature, that between the eighteenth-century Madisonian constitutional engine of limited, internally checked government and the realities of our sprawling …

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Adjudicative Retroactivity In Administrative Law , Abner S. Greene Jan 1991

Adjudicative Retroactivity In Administrative Law , Abner S. Greene

Faculty Scholarship

Although decided forty-five years ago, SEC v Cbenery Corp. ("Cbenery II") remains the Supreme Court's leading statement on the issue of retroactivity in administrative adjudication. According to Chenery II, administrative agencies may give meaning to statutory terms through adjudication, even if the rules applied in a particular adjudication have not been previously announced. The Court acknowledged that "announcing and applying a new standard of conduct" in an adjudicative proceeding would have a retroactive effect, but concluded that the agency's duty to be faithful to the "statutory design or to legal and equitable principles" may override concerns about retroactivity. The Court …

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The Principles Of Fundamental Justice: The Constitution And The Common Law, J. M. Evans Jan 1991

The Principles Of Fundamental Justice: The Constitution And The Common Law, J. M. Evans

Osgoode Hall Law Journal

This article examines the application of the principles of fundamental justice in section 7 of the Charter to administrative law, and in particular its relationship to non-constitutional grounds of judicial review. The author argues that in this area of the law the common law should generally be regarded as the source of the basic tenets of our legal system that section 7 has been said to embody. The author suggests that the traditional grounds of judicial review of administrative action represent the courts' accommodation of individual rights and the collective interest, and thus cover much the same ground as the …

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The Post-Riley Era: An Analysis Of First Amendment Protection Of Charitable Fundraising, Stephen H. Block Jan 1991

The Post-Riley Era: An Analysis Of First Amendment Protection Of Charitable Fundraising, Stephen H. Block

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Authority And Responsibility: The Jurisprudence Of Deference, Joseph Vining Jan 1991

Authority And Responsibility: The Jurisprudence Of Deference, Joseph Vining

Articles

he connection between authority and responsibility is such that the one cannot be thought of without the other. In legal method, close reading and rereading of a text marks it as an authoritative text; the presupposition of mind which is necessary to close reading is presupposition of a responsible mind. In the working of institutions that embody authority, the disposition to follow the decisions and statements of a person responsible for a matter inevitably rests upon a presupposition that the decisions and statements followed are those of the responsible person. As that presupposition fades with bureaucratization of decision and writing, …

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The Administrative Conference Of The United States: A Quarter Century Perspective, Marshall J. Breger Jan 1991

The Administrative Conference Of The United States: A Quarter Century Perspective, Marshall J. Breger

Scholarly Articles

I have served as Chairman of the Administrative Conference of the United States (ACUS) for a little more than six years. It has been both a fulfilling and a frustrating experience. The Conference has accomplished a great deal, yet it could do much more. I take this opportunity to review the role of the Conference in modern administrative law. In this article I wish to meet two goals. The first is to illustrate the role of the Administrative Conference-what it does, and how it does it. During my tenure, I have often used the chairmanship as a "bully pulpit" to …

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Editor's Comments, Charles H. Koch Jr. Jan 1991

Editor's Comments, Charles H. Koch Jr.

Faculty Publications

No abstract provided.

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Specialized Courts In Administrative Law, Harold H. Bruff Jan 1991

Specialized Courts In Administrative Law, Harold H. Bruff

Publications

No abstract provided.

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