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Administrative Law Commons

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1992

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Institution
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Articles 151 - 180 of 266

Full-Text Articles in Administrative Law

Appeal No. 0444: Sunbury-Trenton, Inc. V. J. Michael Biddison, Chief Division Of Oil And Gas Ohio Department Of Natural Resources, Board Of Oil And Gas Review Jun 1992

Appeal No. 0444: Sunbury-Trenton, Inc. V. J. Michael Biddison, Chief Division Of Oil And Gas Ohio Department Of Natural Resources, Board Of Oil And Gas Review

Ohio Oil & Gas Commission Decisions

Chief's Orders 91-66 and 91-67


Appeal No. 0445: Sunbury-Trenton, Inc. V. J. Michael Biddison, Chief Division Of Oil And Gas Ohio Department Of Natural Resources, Board Of Oil And Gas Review Jun 1992

Appeal No. 0445: Sunbury-Trenton, Inc. V. J. Michael Biddison, Chief Division Of Oil And Gas Ohio Department Of Natural Resources, Board Of Oil And Gas Review

Ohio Oil & Gas Commission Decisions

Chief's Orders 91-66 and 91-67


Cumulative Trauma Disorders: Osha's General Duty Clause And The Need For An Ergonomics Standard, David J. Kolesar Jun 1992

Cumulative Trauma Disorders: Osha's General Duty Clause And The Need For An Ergonomics Standard, David J. Kolesar

Michigan Law Review

This Note argues that neither the Act nor its underlying policies supports OSHA's current use of the general duty clause to prosecute alleged ergonomics violations and that the only way to protect workers from CTDs fairly and effectively is through the promulgation of an ergonomics standard. Part I examines the purposes of the Act, as well as the function of the Act's general duty clause. Part II analyzes the four requirements of the general duty clause in the context of CTDs and finds that the clause does not apply to CTDs. Part III argues that the Act's intended policies support …


Further Thoughts On Deferral To Private Dispute Resolution Procedures: A Response, Leonard Page, Daniel W. Sherrick Jun 1992

Further Thoughts On Deferral To Private Dispute Resolution Procedures: A Response, Leonard Page, Daniel W. Sherrick

University of Michigan Journal of Law Reform

We would first like to respond to one aspect of Levy's Article before discussing our proposal. Levy seems to argue as a general matter that "joint committee" determinations should not receive the same deference as arbitral resolutions. After establishing some of the basic analytic parameters in Part I of this Response, we argue in Part II that Levy's distinction between joint committees and arbitral resolutions has no relevance to disputes concerning contractual rights, and is useful only in the context of disputes concerning statutory rights. In Part III, we outline a framework for analyzing internal union review procedures that will …


Deferral To The Intraunion Appellate Process: A Response, Paul Alan Levy Jun 1992

Deferral To The Intraunion Appellate Process: A Response, Paul Alan Levy

University of Michigan Journal of Law Reform

In their recent Article on the deferral policy of the National Labor Relations Board (Board or NLRB), two attorneys for the United Auto Workers (UAW), Leonard Page and Daniel W. Sherrick, argue that the Board has adopted "an indefensible double standard" by applying its policy of "deferral to arbitration" only to contractual dispute resolution processes but not to intraunion review procedures. By deferring to intraunion procedures, they contend, the Board would further many of the same policy objectives it now achieves by deferring to arbitration, with the added benefit of advancing the interest in democratic union self-government. Moreover, by drawing …


Patricia Ann Dore -- A Personal View, Thomas B. Gaines, Jr. Apr 1992

Patricia Ann Dore -- A Personal View, Thomas B. Gaines, Jr.

Florida State University Law Review

No abstract provided.


Quarterly Report - Spring 1992, Nova University Apr 1992

Quarterly Report - Spring 1992, Nova University

The Quarterly Report

No abstract provided.


Coalition Formation And The Presumption Of Reviewability: A Response To Rodriguez, Robert K. Rasmussen Apr 1992

Coalition Formation And The Presumption Of Reviewability: A Response To Rodriguez, Robert K. Rasmussen

Vanderbilt Law Review

Professor Dan Rodriguez's paper The Presumption of Reviewability: A Study in Canonical Construction and Its Consequences' makes several important contributions to the literature on statutory interpretation in the modern regulatory state. It provides a coherent explanation for the curious review provisions of the Administrative Procedure Act (APA), and analyzes the continuing battle over judicial review of agency action as part of a continuing dialogue among Congress, the courts, and the President. Rodriguez recognizes that those who study statutory interpretation must take account of both the existence of administrative agencies and the fact that interpretive practices have the potential to affect …


Pat Dore: A Remembrance, Alaine S. Williams, Robert F. Williams Apr 1992

Pat Dore: A Remembrance, Alaine S. Williams, Robert F. Williams

Florida State University Law Review

No abstract provided.


Setting Standards For High Definition Television: Federal Policy Must Promote More Than Just A Better Picture, George Snyder Jr. Apr 1992

Setting Standards For High Definition Television: Federal Policy Must Promote More Than Just A Better Picture, George Snyder Jr.

Buffalo Law Review

No abstract provided.


Appeal No. 0494: Charles And Loretta Mertens V. Donald L. Mason, Chief Division Of Oil & Gas, Ohio Dept. Of Natural Resources, Ohio Oil & Gas Board Of Review Mar 1992

Appeal No. 0494: Charles And Loretta Mertens V. Donald L. Mason, Chief Division Of Oil & Gas, Ohio Dept. Of Natural Resources, Ohio Oil & Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Chief's Order 91-336


Appeal No. 0465: Saums Maintenance Fund V. Donald L. Mason Chief, Division Of Oil & Gas, Department Of Natural Resources, Ohio Oil & Gas Commission Mar 1992

Appeal No. 0465: Saums Maintenance Fund V. Donald L. Mason Chief, Division Of Oil & Gas, Department Of Natural Resources, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 91-278


Electronic Records Management And Archives, Henry H. Perritt Jr. Mar 1992

Electronic Records Management And Archives, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.


The Electronic Agency And The Traditional Paradigms Of Administrative Law, Henry H. Perritt Jr. Mar 1992

The Electronic Agency And The Traditional Paradigms Of Administrative Law, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.


Appeal No. 0440: Thomas C. Whitney V. Scott R. Kell, Acting Chief, Division Of Oil And Gas, Ohio Dept. Of Natural Resourcesdivision Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Jan 1992

Appeal No. 0440: Thomas C. Whitney V. Scott R. Kell, Acting Chief, Division Of Oil And Gas, Ohio Dept. Of Natural Resourcesdivision Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 91-74


Appeal No. 0443: William N. Tipka V. Donald L. Mason Chief, Division Of Oil & Gas, Department Of Natural Resources, Ohio Oil & Gas Commission Jan 1992

Appeal No. 0443: William N. Tipka V. Donald L. Mason Chief, Division Of Oil & Gas, Department Of Natural Resources, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 91-93


Appeal No. 0466: Petroleum Energy Production Corporations And Green Gas Company V. Donald L. Mason Chief, Division Of Oil & Gas, Department Of Natural Resources, Ohio Oil & Gas Commission Jan 1992

Appeal No. 0466: Petroleum Energy Production Corporations And Green Gas Company V. Donald L. Mason Chief, Division Of Oil & Gas, Department Of Natural Resources, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 91-238


Appeal No. 0416: Paul A. Grim V. Scott R. Kell, Acting Chief, Division Of Oil & Gas, Ohio Dept. Of Natural Resources, Ohio Oil & Gas Commission Jan 1992

Appeal No. 0416: Paul A. Grim V. Scott R. Kell, Acting Chief, Division Of Oil & Gas, Ohio Dept. Of Natural Resources, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 90-158


Appeal No. 0438: Quest Energy Corp. And Ohio Production Corp. V. Scott R. Kell, Acting Chief, Division Of Oil & Gas, Ohio Dept. Of Natural Resources, Ohio Oil & Gas Commission Jan 1992

Appeal No. 0438: Quest Energy Corp. And Ohio Production Corp. V. Scott R. Kell, Acting Chief, Division Of Oil & Gas, Ohio Dept. Of Natural Resources, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 91-75


Appeal No. 0417: Phillip Brown Oil & Gas V. Scott Kell, Acting Chief, Division Of Oil & Gas, Department Of Natural Resources, Ohio Oil & Gas Commission Jan 1992

Appeal No. 0417: Phillip Brown Oil & Gas V. Scott Kell, Acting Chief, Division Of Oil & Gas, Department Of Natural Resources, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 90-464


Judicial Review Of Administration In The People's Republic Of China, Jyh-Pin Fa, Shao-Chuan Leng Jan 1992

Judicial Review Of Administration In The People's Republic Of China, Jyh-Pin Fa, Shao-Chuan Leng

Maryland Series in Contemporary Asian Studies

No abstract provided.


The Concept Of Independence In Public Law, Brian C. Murchison Jan 1992

The Concept Of Independence In Public Law, Brian C. Murchison

Scholarly Articles

None available.


The Four Failures Of The Political Economy, Joseph P. Tomain Jan 1992

The Four Failures Of The Political Economy, Joseph P. Tomain

Faculty Articles and Other Publications

A contemporary policy analyst accustomed to the ways of the micro economic model might admit that the effects of certain types of environmental regulation, (the placement of hazardous waste facilities, for example) might disproportionately impact the poor because it is economically prudent to locate facilities where land is the cheapest. The harsh reality of this strategy is that poor people are more likely to live in poorer sections of the country; thus, the likelihood of being closer to such a facility is higher than that of the general populace. Thus, under this hypothesis, environmental equity is classbased and dictated by …


Florida's Equal Access To Justice Act: How The Courts And Doah Have Interpreted It, Mary W. Chaisson Jan 1992

Florida's Equal Access To Justice Act: How The Courts And Doah Have Interpreted It, Mary W. Chaisson

Florida State University Law Review

No abstract provided.


Separating The Objective, The Subjective, And The Speculative: Assessing Compensatory Damages In Fair Housing Adjudications, 26 J. Marshall L. Rev. 3 (1992), Alan W. Heifetz, Thomas C. Heinz Jan 1992

Separating The Objective, The Subjective, And The Speculative: Assessing Compensatory Damages In Fair Housing Adjudications, 26 J. Marshall L. Rev. 3 (1992), Alan W. Heifetz, Thomas C. Heinz

UIC Law Review

No abstract provided.


The Department Of Labor’S Glass Ceiling Initiative: A New Approach To An Old Problem, Marshall J. Breger Jan 1992

The Department Of Labor’S Glass Ceiling Initiative: A New Approach To An Old Problem, Marshall J. Breger

Scholarly Articles

The concept of a "glass ceiling" is not a new one. At the turn of the century, Marie Curie almost singlehandedly created the field of nuclear chemistry and forever changed the course of science and society. But even the ultimate scientific creativity award did not help her to crack the barrier of the science establishment. She received the Nobel Prize but was denied membership in the French Academie des Sciences because of her gender. It was only after her second Nobel Prize that the ali male Academie reluctantly admitted her to the club. The problem that I have with this …


Loveladies Harbor, Inc. V. United States: Application Of Traditional Regulatory Taking Law To The Regulation Of Wetlands, Judith A. Johnson Jan 1992

Loveladies Harbor, Inc. V. United States: Application Of Traditional Regulatory Taking Law To The Regulation Of Wetlands, Judith A. Johnson

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Medical Board Of California, C. B. Sise, M. Smigielski, P. Walsh Jan 1992

Medical Board Of California, C. B. Sise, M. Smigielski, P. Walsh

California Regulatory Law Reporter

No abstract provided.


Recent Developments In Osha Litigation, Marshall J. Breger Jan 1992

Recent Developments In Osha Litigation, Marshall J. Breger

Scholarly Articles

After almost a year serving as the Solicitor of Labor, I can attest to the difficult challenges the Department of Labor will face and must overcome in the years ahead if it is to continue to be a dynamic and positive force in setting our Nation's labor policy. Indeed, I believe that current rulemaking and enforcement litigation on behalf of the Occupational Safety and Health Administration foreshadows significant issues the Department must resolve in the near future. This article focuses on two such OSH Act issues of current prominence: one, litigation challenges to OSHA rulemaking; and two, the use of …


Office Of The Auditor General, D. Levinson Jan 1992

Office Of The Auditor General, D. Levinson

California Regulatory Law Reporter

No abstract provided.