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Administrative Law Commons

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1992

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Articles 241 - 266 of 266

Full-Text Articles in Administrative Law

Direct Liability For Hazardous Substance Cleanups Under Cercla: A Comprehensive Approach, Michael P. Healy Jan 1992

Direct Liability For Hazardous Substance Cleanups Under Cercla: A Comprehensive Approach, Michael P. Healy

Law Faculty Scholarly Articles

In enacting the Comprehensive Environmental Response, Compensation & Liability Act (CERCLA), Congress intended to impose liability for hazardous substance cleanups on all parties responsible for a site's use and contamination. However, in implementing the CERCLA liability scheme, courts have issued opinions offering unclear and misguided explanations of their decisions. The author suggests that, to properly assure CERCLA's proper operation, the basis for the imposition of liability must be clarified. To this end, the author examines the prescribed liability for individuals, parent corporations and secured creditors and explains the appropriate grounds for the responsibility of each.


Bureau Of Automotive Repair, A. Kuhnert Jan 1992

Bureau Of Automotive Repair, A. Kuhnert

California Regulatory Law Reporter

No abstract provided.


Board Of Dental Examiners, M. Sanguinetti Jan 1992

Board Of Dental Examiners, M. Sanguinetti

California Regulatory Law Reporter

No abstract provided.


Board Of Examiners Of Nursing Home Administrators, P. Walsh Jan 1992

Board Of Examiners Of Nursing Home Administrators, P. Walsh

California Regulatory Law Reporter

No abstract provided.


State Banking Department, J. P. Junge Ii Jan 1992

State Banking Department, J. P. Junge Ii

California Regulatory Law Reporter

No abstract provided.


Department Of Food And Agriculture, P. Penn, B. Reznik Jan 1992

Department Of Food And Agriculture, P. Penn, B. Reznik

California Regulatory Law Reporter

No abstract provided.


Air Resources Board, S. Kuntz, B. Reznik Jan 1992

Air Resources Board, S. Kuntz, B. Reznik

California Regulatory Law Reporter

No abstract provided.


New Motor Vehicle Board, J. Poindexter Jan 1992

New Motor Vehicle Board, J. Poindexter

California Regulatory Law Reporter

No abstract provided.


Fact, Fiction, And Forest Service Appeals, Carl W. Tobias Jan 1992

Fact, Fiction, And Forest Service Appeals, Carl W. Tobias

Law Faculty Publications

People who live in the western United States have long considered the United States Forest Service to be a mammoth, hierarchical bureaucracy. The Forest Service has responsibility for managing the national forests, which in some western states comprise substantial components of the total land base. The Forest Service administers the national forests pursuant to numerous congressional mandates. Perhaps the most important and most difficult task that Congress has assigned the Forest Service is to manage the national forests for multiple uses, including resource (timber, mineral, oil and gas) extraction, recreation, fish and wildlife, and water quality. Implementation of this multiple-use …


Administrative Law Judges: Past, Present And Future, John Paul Jones Jan 1992

Administrative Law Judges: Past, Present And Future, John Paul Jones

Law Faculty Publications

Prof. Jones' account of the history of administrative law judges. The text of this article is taken from his address at the annual conference and seminar of the National Association of Administrative Law Judges, held October 16-19, 1991 in Richmond, Virginia.


Annual Survey Of Virginia Law: Administrative Law, James N. Christman Jan 1992

Annual Survey Of Virginia Law: Administrative Law, James N. Christman

University of Richmond Law Review

This article covers changes made to the Virginia Administrative Process Act (VAPA) during the 1992 session of the General Assembly. It also covers selected recent cases from Virginia courts dealing with state administrative procedure decided between August 30, 1990 and September 17, 1992.


The "Gag Rule" Revisited: Physicians As Abortion Gatekeepers, Maxwell Gregg Bloche Jan 1992

The "Gag Rule" Revisited: Physicians As Abortion Gatekeepers, Maxwell Gregg Bloche

Georgetown Law Faculty Publications and Other Works

To the surprise of many and the dismay of some, the U.S. Supreme Court took it upon itself last term to proclaim a national compromise on the question of abortion. The Court's announced truce, an elaboration on Justice O'Connor's "undue burden" idea, is pragmatic in design but unlikely to prove stable in practice. The three justices who spoke for the Court disparaged Roe with reluctant praise, then upheld its outer shell on the ground that social expectations and the need to sustain the appearance of the rule of law made it impolitic to do otherwise. This awkward doctrinal invention seems …


The Rulemaking Continuum, Peter L. Strauss Jan 1992

The Rulemaking Continuum, Peter L. Strauss

Faculty Scholarship

The two papers we have before us tell both descriptive and normative stories about current issues of rulemaking. Each suggests, in its field of attention, pressures that operate to increase proceduralization and agency responses to those pressures, as well as an attitude toward these developments. In rulemaking, as in other activities, discretion and order are in constant tension; one might find in that tension the very engine that makes the processes of public law go. Like the studies that assisted the move away from formal rulemaking, and the perceptions underlying the Supreme Court's Vermont Yankee decision, which quieted the judicial …


Editor's Comments, Charles H. Koch Jr. Jan 1992

Editor's Comments, Charles H. Koch Jr.

Faculty Publications

No abstract provided.


University Of Richmond Law Review Jan 1992

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.


Positive Canons: The Role Of Legislative Bargains In Statutory Interpretation, Mathew D. Mccubbins, Roger G. Noll, Barry R. Weingast Jan 1992

Positive Canons: The Role Of Legislative Bargains In Statutory Interpretation, Mathew D. Mccubbins, Roger G. Noll, Barry R. Weingast

Faculty Scholarship

No abstract provided.


The Lender As Unconventional Fiduciary, Niels Schaumann Jan 1992

The Lender As Unconventional Fiduciary, Niels Schaumann

Faculty Scholarship

This Article examines one kind of fiduciary relationship—one that develops from an ordinary, arms-length commercial relationship between a lender and a borrower. Although this prototype relationship exists in the broader context of “lender liability,” to which academic commentators and the practicing bar have paid a good deal of attention in recent years, the suggested analysis has as much to do with fiduciary relationships generally as it does with issues of lender liability. The unconventional fiduciary relationship examined here differs in several respects from the conventional fiduciary relationship, for example that of trustee-beneficiary. Perhaps the most obvious difference is that the …


Environmental Reforms In Post-Communist Central Europe: From High Hopes To Hard Reality, David Hunter, Margaret Bowman Jan 1992

Environmental Reforms In Post-Communist Central Europe: From High Hopes To Hard Reality, David Hunter, Margaret Bowman

Scholarly Articles in Law Reviews & Journals

No abstract provided.


The Apa Procedural Rule Exemption: Looking For A Way To Clear The Air, Jeffrey Lubbers Jan 1992

The Apa Procedural Rule Exemption: Looking For A Way To Clear The Air, Jeffrey Lubbers

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Management Of Federal Agency Adjudication, Jeffrey Lubbers Jan 1992

Management Of Federal Agency Adjudication, Jeffrey Lubbers

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Revisiting Overton Park: Political And Judicial Controls Over Administrative Actions Affecting The Community, Peter L. Strauss Jan 1992

Revisiting Overton Park: Political And Judicial Controls Over Administrative Actions Affecting The Community, Peter L. Strauss

Faculty Scholarship

Overton Park is a 342-acre municipal park lying close to downtown Memphis, Tennessee, in one of that city's better residential areas. Citizens to Preserve Overton Park, Inc. v. Volpe is a Supreme Court decision frequently cited for its general propositions about judicial review of informal administrative action that, to the citizens of Memphis, was one way-station in a more than two-decade struggle concerning whether and where an inner-city expressway, part of Interstate 40, would be built. Overall, the story of that struggle reveals a complex brew of national and local politics about the marriage of highway convenience to urban amenity; …


Legislative Veto Of Administrative Rules In Missouri: A Constitutional Virus, Kenneth D. Dean Jan 1992

Legislative Veto Of Administrative Rules In Missouri: A Constitutional Virus, Kenneth D. Dean

Faculty Publications

The purpose of this Article is to examine the constitutionality of the legislative veto as it exists in Missouri, specifically the powers of the JCAR. Part II of the Article traces the history of the JCAR and the various types of powers given to it. Part III of the Article examines the experiences of the United States government and other states to determine their applicability to Missouri. Part IV examines the various grants of power to determine whether they comply with the Missouri constitution.


The Supreme Court’S Administrative Law Docket: Proceedings From The Administrative Conference Of The United States, Marshall J. Breger Jan 1992

The Supreme Court’S Administrative Law Docket: Proceedings From The Administrative Conference Of The United States, Marshall J. Breger

Scholarly Articles

No abstract provided.


Reflections Upon The Federal Administrative Judiciary, Paul R. Verkuil Jan 1992

Reflections Upon The Federal Administrative Judiciary, Paul R. Verkuil

Faculty Publications

No abstract provided.


Judicial Deference To Executive Precedent, Thomas W. Merrill Jan 1992

Judicial Deference To Executive Precedent, Thomas W. Merrill

Faculty Scholarship

In 1984, the Supreme Court adopted a new framework for determining when courts should defer to interpretations of statutes by administrative agencies. Previous decisions had looked to multiple contextual factors in answering this question. Chevron U.S., Inc. v. National Resources Defense Council, Inc. appeared to reject this approach and require that federal courts defer to any reasonable interpretation by an agency charged with administration of a statute, provided Congress has not clearly specified a contrary answer. The Court justified this new general rule of deference by positing that Congress has implicitly delegated interpretative authority to all agencies charged with enforcing …


Coordinating Judicial Review In Administrative Law, Harold H. Bruff Jan 1992

Coordinating Judicial Review In Administrative Law, Harold H. Bruff

Publications

No abstract provided.