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Articles 241 - 270 of 278
Full-Text Articles in Administrative Law
Issue Preclusion - Recognizing Foreign Judgments In United States Patent Infringement Suits: A New Approach, 26 J. Marshall L. Rev. 627 (1993), James P. Muraff
Issue Preclusion - Recognizing Foreign Judgments In United States Patent Infringement Suits: A New Approach, 26 J. Marshall L. Rev. 627 (1993), James P. Muraff
UIC Law Review
No abstract provided.
The Role Of Public Opinion, Public Interest Groups, And Political Parties In Creating And Implementing Environmental Policy., Irma S. Russell
The Role Of Public Opinion, Public Interest Groups, And Political Parties In Creating And Implementing Environmental Policy., Irma S. Russell
Faculty Works
No abstract provided.
New Motor Vehicle Board, T. L. Archer
New Motor Vehicle Board, T. L. Archer
California Regulatory Law Reporter
No abstract provided.
The Presidency And Administrative Value Selection, Yvette M. Barksdale
The Presidency And Administrative Value Selection, Yvette M. Barksdale
American University Law Review
No abstract provided.
Auctioneer Commission, J. D'Angelo
Auctioneer Commission, J. D'Angelo
California Regulatory Law Reporter
No abstract provided.
Athletic Commission, C. Mckinnon
Athletic Commission, C. Mckinnon
California Regulatory Law Reporter
No abstract provided.
Cemetery Board, J. Buffone
Board Of Registered Nursing, R. Espinoza
Board Of Registered Nursing, R. Espinoza
California Regulatory Law Reporter
No abstract provided.
Fish And Game Commission, T. L. Archer, C. A. Coyle
Fish And Game Commission, T. L. Archer, C. A. Coyle
California Regulatory Law Reporter
No abstract provided.
General Legislation, S. Barrow, E. D'Angelo
General Legislation, S. Barrow, E. D'Angelo
California Regulatory Law Reporter
No abstract provided.
Is The Growth Management Act Working? A Survey Of Resource Lands And Critical Areas Development Regulations, Gary Pivo
Seattle University Law Review
Section II of this Article begins with a summary of Washington's statutory requirements for both local resource land and critical area development regulations. Section II then reviews the circumstances under which those regulations have been adopted. Section III describes the methods used by the research team to collect and evaluate those regulations. Section IV examines whether Washington counties and cities have met their adoption deadlines. Section V describes the general approaches being taken for meeting those requirements. Section VI compares the regulations to one another in order to judge their consistency and relative restrictiveness throughout Washington. Section VII looks at …
Practice And Procedure Before The Growth Planning Hearings Boards, Wm. H. Nielsen, M. Peter Philley, Chris Smith Towne
Practice And Procedure Before The Growth Planning Hearings Boards, Wm. H. Nielsen, M. Peter Philley, Chris Smith Towne
Seattle University Law Review
In 1990, the Washington State Legislature took the first significant step toward growth management when it enacted the Washington Growth Management Act (GMA). The GMA directs cities and counties to protect natural features and to begin planning to accommodate anticipated population increases. The legislature examined the recommendation of the Growth Strategies Commission' to create an independent dispute resolution system to resolve conflicts under the GMA. The Commission recommended the use of a panel of independent arbitrators with mediation and binding arbitration. Appeals would be limited to the Washington State Court of Appeals only on constitutional and procedural issues. The legislature …
Executive Branch Civil Justice Reform, Carl Tobias
Executive Branch Civil Justice Reform, Carl Tobias
American University Law Review
No abstract provided.
Procedural Fairness And Incentive Programs: Reflections On The Environmental Choice Program, David S. Cohen
Procedural Fairness And Incentive Programs: Reflections On The Environmental Choice Program, David S. Cohen
Elisabeth Haub School of Law Faculty Publications
This paper explores the application of procedural fairness to the federal government’s Environmental Choice Program’s decision-making processes. While Canadian courts have traditionally required public bureaucrats to act “fairly” when implementing command models of regulation, they have only recently been confronted with demands that regulators implementing economic incentive programs also act in accordance with procedural fairness norms.
California Horse Racing Board, B. Renner, V. Shalkevich
California Horse Racing Board, B. Renner, V. Shalkevich
California Regulatory Law Reporter
No abstract provided.
Planner's Panacea Or Pandora's Box: A Realistic Assessment Of The Role Of Urban Growth Areas In Achieving Growth Management Goals, Keith W. Dearborn, Ann M. Gygi
Planner's Panacea Or Pandora's Box: A Realistic Assessment Of The Role Of Urban Growth Areas In Achieving Growth Management Goals, Keith W. Dearborn, Ann M. Gygi
Seattle University Law Review
Over the past twenty years, Urban Growth Areas (UGAs) have become a tool of choice to manage growth. Numerous states and local jurisdictions have mandated UGAs in hope of confining urbanization, reducing sprawl, protecting open space and resource lands, and minimizing infrastructure investment. Washington State joined the trend in 1990 when it adopted the Growth Management Act (GMA), which requires certain counties to establish UGAs as a central component of its "bottom up" growth management strategy. Nonetheless, thoughtful criticisms have been offered regarding the utility of UGAs to accomplish intended growth management goals, and concerns have emerged regarding unintended consequences …
Public Interest Organizations
California Regulatory Law Reporter
No abstract provided.
Office Of Administrative Law, D. Levinson
Office Of Administrative Law, D. Levinson
California Regulatory Law Reporter
No abstract provided.
Board Of Registration For Geologists And Geophysicists, C. S. Trunzo
Board Of Registration For Geologists And Geophysicists, C. S. Trunzo
California Regulatory Law Reporter
No abstract provided.
Board Of Examiners In Veterinary Medicine, D. Lewin
Board Of Examiners In Veterinary Medicine, D. Lewin
California Regulatory Law Reporter
No abstract provided.
Administrative Appeal Reform: The Case Of The Forest Service, Robert L. Fischman, Bradley C. Bobertz
Administrative Appeal Reform: The Case Of The Forest Service, Robert L. Fischman, Bradley C. Bobertz
Articles by Maurer Faculty
No abstract provided.
Department Of Insurance, E. Kim, V. Shalkevich, C. Wheeler
Department Of Insurance, E. Kim, V. Shalkevich, C. Wheeler
California Regulatory Law Reporter
No abstract provided.
Water Resources Control Board, J. B. Kehoe, J. Seeberg
Water Resources Control Board, J. B. Kehoe, J. Seeberg
California Regulatory Law Reporter
No abstract provided.
New Paradigm, Normal Science, Or Crumbling Construct? Trends In Adjudicatory Procedure And Litigation Reform, Jeffrey W. Stempel
New Paradigm, Normal Science, Or Crumbling Construct? Trends In Adjudicatory Procedure And Litigation Reform, Jeffrey W. Stempel
Scholarly Works
One aspect of a possible new era is the increasing ad hoc activity of various interest groups, including the bench and the organized bar, primarily pursued through official organizations such as the Judicial Conference, the Federal Judicial Center, the American Bar Association (“ABA”), and the American Law Institute. Traditionally, of course, judges and lawyers have lobbied Congress and state legislatures for litigation change, as demonstrated by the saga of the Rules Enabling Act (“Enabling Act” or “Act”). But, the legal profession's more recent “political” activity regarding litigation reform differs from the traditional model in several ways. First, the participation of …
Between Scylla And Charybdis: Growth Management Act Implementation That Avoids Takings And Substantive Due Process Limitations, Jeffrey M. Eustis
Between Scylla And Charybdis: Growth Management Act Implementation That Avoids Takings And Substantive Due Process Limitations, Jeffrey M. Eustis
Seattle University Law Review
This Article begins with an overview of the GMA. It then proceeds with a summary of recent case law under the Takings Clause and substantive due process doctrine. After laying this groundwork, this Article focuses on four particular areas of growth management control and explores how local legislation implementing these areas of control would be analyzed under the Takings Clause and substantive due process. These four areas of land use regulation include: critical area protections, resource land designations, development phasing requirements for concurrency and urban growth areas, and impact fees for public facilities and services. This Article then concludes with …
Survey Of Mspb Cases In 1991-1992: Theoretical Critique And Practical Applications, G. Jerry Shaw, Jr., William S. Bransford, Richard A. Moore, Christopher M. Okay
Survey Of Mspb Cases In 1991-1992: Theoretical Critique And Practical Applications, G. Jerry Shaw, Jr., William S. Bransford, Richard A. Moore, Christopher M. Okay
American University Law Review
No abstract provided.
Judicial Deference To Administrative Agencies' Legal Interpretations After Lechmere, Inc. V. Nlrb, Susan K. Goplen
Judicial Deference To Administrative Agencies' Legal Interpretations After Lechmere, Inc. V. Nlrb, Susan K. Goplen
Washington Law Review
In Lechmere, Inc. v. NLRB, the Supreme Court held that when interpreting administrative statutes, the Court will defer to its own previous interpretations rather than defer to administrative agencies' interpretations of statutes. Thus, the Court determined that stare decisis is dominant over judicial deference to administrative agencies. The Court decided Lechmere, Inc. v. NLRB wrongly. The rationales for deference to agencies exist whether or not the courts have addressed the statute in question. Therefore, courts should apply the doctrine of judicial deference even when courts have previously interpreted a statute.
The Pebble In The Shoe: Making The Case For The Government Employee, Joan R. Bullock
The Pebble In The Shoe: Making The Case For The Government Employee, Joan R. Bullock
Journal Publications
This Article addresses the issue of whether federal government employees should be able to use the False Claims Act, also known as the "federal whistleblower statute," to personally benefit from uncovering fraud against the government during the course of their employment. The Article addresses, therefore, the apparent collision between two policies: on the one hand, the federal government has a compelling interest in vigorously pursuing those contractors who defraud it; on the other hand, the government has an interest in not encouraging its own investigators to enrich themselves by bringing personal suits for damages against the target of their investigations.
Putting The Correct "Spin" On Lucas, Richard J. Lazarus
Putting The Correct "Spin" On Lucas, Richard J. Lazarus
Georgetown Law Faculty Publications and Other Works
Part I describes and discusses the significance of the Lucas majority's desire to draft an opinion making environmental regulations more susceptible to takings challenges. Part II identifies the majority's antiquated notions of the physical and social function of real property as the source of the majority's misguided efforts. Finally, Part III describes how the majority's analytical framework may ultimately make it easier, rather than harder, for environmental protection measures to survive takings challenges.