Administrative Law Commons^™

Department Of Corporations, L. Pitesa

California Regulatory Law Reporter

No abstract provided.

Department Of Insurance, R. Ford, K. Schorr, G. Trude, J. D'Angelo

California Regulatory Law Reporter

No abstract provided.

Department Of Real Estate, E. Schramm

California Regulatory Law Reporter

No abstract provided.

Cal-Osha, B. Lechman, K. Schorr

California Regulatory Law Reporter

No abstract provided.

Air Resources Board, R. Moore

California Regulatory Law Reporter

No abstract provided.

California Integrated Waste Management And Recycling Board, J. D. Bournazian, J. Brysk

California Regulatory Law Reporter

No abstract provided.

Department Of Pesticide Regulation, K. Dwinnells, E. D'Angelo

California Regulatory Law Reporter

No abstract provided.

Water Resources Control Board, L. Blaney, T. Kemp

California Regulatory Law Reporter

No abstract provided.

California Coastal Commission, P. Dennehy, K. Thompson

California Regulatory Law Reporter

No abstract provided.

Fish And Game Commission, M. Brenot, C. Putnam

California Regulatory Law Reporter

No abstract provided.

Board Of Forestry, M. Felsen, M. Brenot, C. Putnam

California Regulatory Law Reporter

No abstract provided.

Board Of Chiropractic Examiners, E. Finelli

California Regulatory Law Reporter

No abstract provided.

California Horse Racing Board, T. Taylor, G. Trude

California Regulatory Law Reporter

No abstract provided.

New Motor Vehicle Board, E. Schramm, H. Bryan

California Regulatory Law Reporter

No abstract provided.

Osteopathic Medical Board Of California, H. Bryan

California Regulatory Law Reporter

No abstract provided.

State Bar Of California, J. Choi, M. Lorenzo, J. D'Angelo

California Regulatory Law Reporter

No abstract provided.

General Legislation, E. D'Angelo

California Regulatory Law Reporter

No abstract provided.

1980-1994 Index

California Regulatory Law Reporter

No abstract provided.

Indeterminacy And Craft In Judicial Review Of Administrative Law: A Comment On Shapiro And Levy, Marshall J. Breger

Scholarly Articles

This Essay begins by examining whether more precise codification of statutory scope of review language will actually bring about a greater degree of determinacy in judicial decisions, and explains the reasons why indeterminacy currently exists. The proposed Shapiro and Levy standard is discussed next, as is their reliance on public choice theory to explain judicial behavior. Finally, this Essay concludes that while Shapiro and Levy raise interesting points, their quest for judicial determinacy is misguided.

How The Exception Makes The Rule: Agency Waiver Of Statutes, Rules, And Precedent In Florida, F. Scott Boyd

St. Thomas Law Review

The purpose of this article is certainly not to formulate a complete conception of administrative equity. The intent, rather, is simply to begin to examine one small aspect of Florida administrative law which traditionally has been associated with equitable principles: the exception. First, the concept of exception will be considered, to provide some definition. As might be expected, both the form of the .law to which exception is sought and the form of the action granting exception are important in determining the discretion of the agency. Exceptions are therefore considered in groups: first, exceptions to statutory requirements; next, exceptions to …

On Resegregating The Worlds Of Statute And Common Law, Peter L. Strauss

Faculty Scholarship

In the early afternoon of a humid, 97 degree summer day, James Gottshall was part of a crew of mostly 50- to 60-year-old men replacing track for Conrail. Michael Norvick, the crew supervisor, pressed the men to finish the work. He discouraged observance of the scheduled breaks. Richard Johns collapsed in the heat; Norvick ordered the men back to work as soon as a cold compress had revived him. Five minutes later Johns collapsed again, the victim of a heart attack. Gottshall began 40 minutes of ultimately fruitless cardiopulmonary resuscitation on Johns, his friend for 15 years. Norvick was unable …

Participant Compensation In The Clinton Administration, Carl W. Tobias

Law Faculty Publications

A half-decade ago in the pages of this journal, I suggested that the Bush Administration, the federal administrative agencies, and Congress seriously consider revitalizing participant compensation. Participant compensation is the agency payment of expenses that members of the public incur when they are involved in administrative proceedings. Initiatives in the executive and legislative branches supported my recommendation that both branches revive this valuable mechanism for facilitating citizen participation in agency processes.

Much to my chagrin, the Bush Administration neither introduced legislation which would have specifically authorized participant compensation nor suggested that agencies rely on their implied authority to reimburse parties, …

On The Topology Of Uniform Environmental Standards In A Federal System And Why It Matters (Symposium: Environmental Federalism), James E. Krier

Articles

Uniform standards are much favored among the makers of federal environmental policy in the United States, which is to say, among the members of Congress. By and large-judging at least from the legislation it has enacted-Congress expects the air and water eventually to meet the same minimum levels of quality in every state in the country, and expects each pollution source in any industrial category or subcategory to be controlled just as much as every other such source, notwithstanding the source's location or other peculiar characteristics. There are exceptions to these generalizations, but they are exceptions and not the rule.1 …

Board Of Examiners In Veterinary Medicine, A. Nations

California Regulatory Law Reporter

No abstract provided.

Litigation, E. D'Angelo

California Regulatory Law Reporter

No abstract provided.

Reply To Comments On The Patentability Of Certain Inventions Associated With The Identification Of Partial Cdna Sequences, Rebecca S. Eisenberg, Robert P. Merges

Articles

A brief reply is in order to clarify our position on the patenting of research tools. We stand by the statement that "there are reasons to be wary of patents on research tools," but that statement should not be understood as a broad condemnation of patents on research tools in all contexts. Indeed, immediately after the cited language our opinion letter acknowledges that withholding patent protection from research tools could undermine private incentives to develop research tools and to make them available to investigators or lead to greater reliance on trade secrecy. Unlike the government, which purports to pursue patent …

Opinion Letter As To The Patentability Of Certain Inventions Associated With The Identification Of Partial Cdna Sequences, Rebecca S. Eisenberg, Robert P. Merges

Articles

You have asked for our legal opinion on the patentability of inventions claimed in U.S. patent applications 07/716,831, filed June 21, 1991 (the '831 application, or .'831"), 07/837,195, filed September 25, 1992 ("'195"), and 07/952,911, filed February 12, 1993 (."911"), all filed in the name of Craig Venter and others and assigned to the National Institutes of Health "(NIH)." We understand that NIH has abandoned these patent applications and has no present intention of filing similar applications in the future, but that NIH remains interested in the patenting of human DNA sequences from a broader public policy perspective. We have …

Department Of Savings And Loan, E. Finelli

California Regulatory Law Reporter

No abstract provided.

Public Utilities Commission, T. Franklin, K. Thompson, R. C. Fellmeth

California Regulatory Law Reporter

No abstract provided.

Liberating Commercial Speech: Product Labeling Controls And The First Amendment, Lars Noah, Barbara A. Noah

Faculty Scholarship

As federal regulators impose increasing limits on what manufacturers may say about their products, constitutional protections for commercial speech become ever more important. Indeed, the United States Supreme Court's most recent First Amendment decisions suggest meaningful regard for the value of advertising and labeling as types of protected expression. At the same time, however, federal lawmakers are imposing ever more onerous restrictions on promotional activities and product labeling. The Authors discuss federal law relating to regulation of product labeling.