Administrative Law Commons^™

The University Visitor, William Ricquier

Dalhousie Law Journal

Despite having provided, in Doctor Bentley's case, 2 one of the seminal cases concerning the right to be heard, it would be an exaggeration to say that the university as an institution has played a major role in the emergence of a developed system of administrative law. There are a number of reasons for this. Generally, it must be observed that only in comparatively recent times has there been such a system, and that, either as a part of such a development, or as a result of it, the courts have only recently extended the scope of judicial review from …

Recent Developments In Nova Scotian Administrative Law, David J. Mullan

Dalhousie Law Journal

In 1976, in the first of these surveys, I dealt exclusively with Nova Scotia decisions involving the substantive grounds of judicial review - jurisdictional error, error of law on the face of the record and breach of the rules of natural justice.' Remedies were scarcely mentioned for the very good reason that in the period then under review there were few, if any cases, raising important remedial problems. Now, just over a year later, the situation is the reverse. Most of the interesting judicial review cases of the last eighteen months in Nova Scotia have been ones involving remedial problems. …

Recent Cases, Cornelia H. Boozman, R. Preston Bolt, Jr., Kenneth L. Stewart

Vanderbilt Law Review

Administrative Law--Ripeness--Agency Head's Informal Opinion Letters Held Unripe for Review When No Substantial Hardship Placed on Parties

Cornelia H. Boozman

The basic premise of the ripeness doctrine is that judicial machinery should operate only on concrete problems that are present or imminent, not on problems that are abstract, hypothetical,or remote... The Supreme Court articulated a more definitive standard for determining ripeness in "Abbott Laboratories v. Gardner." Espousing what it considered to be the basic rationale of the ripeness doctrine, avoidance of premature adjudication of discretionary administrative policies, the Court established a procedure for evaluating the ripeness issue in challenges to …

Zenith Radio Corp. V. United States, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Supreme Court Decisions: Administrative Law And Striking Teachers: The Hortonville Case, Michael Fedock

University of Baltimore Law Forum

No abstract provided.

Development And Diversification In Administrative Rule Making, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.

Book Review, Charles F. Wilkinson

Publications

No abstract provided.

The Scope Of Judicial Review In French Administrative Law, George A. Bermann

Faculty Scholarship

The arguments that may be raised in support of a claim of abuse of discretion must go to the legality, not just the wisdom or advisability, of administrative action. Though the judge is responsible for seeing to it that the government acts in conformity with law, he may not put himself in its place or interfere in its functioning. His job is not to determine whether in a given case a certain administrative official ought to have acted and, if so, in one particular way. He has neither the means nor the materials for judgments of this sort, nor does …

Congressional Control Of Administrative Regulation: A Study Of Legislative Vetoes, Harold H. Bruff, Ernest Gellhorn

Publications

Several administrative programs contain provisions allowing Congress to veto agency rules, and there is now a bill before Congress to extend this veto power to all agency rulemaking. In this Article, Professor Bruff and Dean Gellhorn analyze the histories of five federal programs subject to the legislative veto to determine the effect of the veto on the rulemaking process and on the relationships between the branches of government. Extrapolating from this practical experience, they suggest that a general legislative veto is unlikely to increase the overall efficiency of the administrative process, may impede the achievement of reasoned decisionmaking based on …

Can The Joint Administrative Procedures Committee Adequately Solve Administrative Conflict, C. Anthony Cleveland

Florida State University Law Review

No abstract provided.

Prohibition Of Surface Mining In West Virginia, Patrick Charles Mcginley

West Virginia Law Review

No abstract provided.

Administrative Law: Current Progress Of Native American Broadcasting--Status Of Indian Ownership, Bonnie Schomp

American Indian Law Review

No abstract provided.

Presidential Exemption From Mandatory Retirement Of Members Of The Independent Regulatory Commissions, Harold H. Bruff

Publications

No abstract provided.

Yonge V. Askew, 293 So. 2d 395 (Fla. 1st Dist. Ct. App. 1974), Florida State University Law Review

Florida State University Law Review

Administrative Law- JUDICIAL REVIEW- REPORTS OF STATE AGENCIES CONSTITUTE COMPETENT SUBSTANTIAL EVIDENCE TO SUPPORT DENIAL OF DREDGE AND FILL PERMIT APPLICATION EVEN THOUGH REPORTING AGENCY HAS NO JURISDICTION OVER PROPOSED PROJECT.

Simulation And Role Playing In Administrative Law, Michael Botein

Articles & Chapters

No abstract provided.

Simulation & Roleplaying In Administrative Law, Michael Botein

Other Publications

No abstract provided.

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

Case Digest

1. ADMINISTRATIVE

NON-VESSEL-OPERATING COMMON CARRIERS HAVE BURDEN OF PROOF TO JUSTIFY THE REASONABLENESS OF PROPOSED RATE INCREASE IN A FEDERAL MARITIME COMMISSION PROCEEDING

2. ADMIRALTY

COMPARATIVE NEGLIGENCE STANDARD APPLICABLE TO THE CANAL ZONE COMPANY DOES NOT SUPERSEDE THE RULE OF DIVIDED DAMAGES BETWEEN VESSELS

FAILURE TO OBEY COMMANDS OF SHIP MASTER BECAUSE OF VOLUNTARY INTOXICATION CONSTITUTES WILLFUL DISOBEDIENCE

PREJUDGMENT INTEREST FROM DATE OF JUDICIAL DEMAND IS PROPER WHEN ORIGINAL ACTION AT LAW Is CHANGED TO ADMIRALTY BY WITHDRAWAL OF JURY DEMAND

THE PERSONAL REPRESENTATIVE ALONE HAS STANDING TO BRING A WRONGFUL DEATH ACTION IN GENERAL MARITIME LAW

PERMITTING …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Topics Discussed in Recent Cases:

Administrative Law--Freedom of Information Act--Unclassified Documents Physically Connected with Classified Documents May Not Be Withheld Under the National Security and Foreign Affairs Secrets Exemption

=========

Antitrust--Treble Damage Class Actions--Privity with Defendant Required To Maintain Suit

===============

Constitutional Law--Equal Protection-State Probate Code Discriminating in Favor of Males Violates Equal Protection Clause

===============

Constitutional Law--Federal Preemption--Atomic Energy Act Requires Exclusive Federal Regulation of Radioactive Discharges from Nuclear Power Plants

===============

Corporations -Shareholder Suits -Shareholder May Inspect Corporate Records Only for Proper Purpose Ger-mane to his Economic Interest As Shareholder, Not Merely To Further his Own Social and …

Maurice H. Merrill's Contribution To Administrative Law, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.

The 1971 I.C.J. Advisory Opinion On South West Africa (Nambia), Preston Brown

Vanderbilt Journal of Transnational Law

South Africa has administered the adjoining territory of South West Africa (Namibia) for over fifty years. Initially, that administration was granted to South Africa when it was designated a mandatory by the League of Nations. Since the dissolution of the League 25 years ago, South Africa's administration of the territory and, more recently, its right to administer, have been the subject of continued and escalating controversy.

The most recent development in this confused situation is the advisory opinion that was rendered in June, 1971, by the International Court of Justice. That opinion was requested by the Security Council of the …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Administrative Law--Judicial Review of SEC Decisions--No-Action Letter Under Commission's Proxy Rules Procedures Has Sufficient Finality and Formality to be Reviewable

==================================

Creditors' Rights--Section 77 Railroad Reorganization--Federal Priority Under Section 191 Denied; Interline Balance Claims Granted Priority Under Equitable Six-Months Rule

==================================

Criminal Procedure --Breach of the Peace--State Peace Bond Statute Establishes Criminal Proceedings and Must Satisfy Requirements of Due Process and Equal Protection Clauses

===================================

Criminal Procedure--Presumption of Innocence--Cautionary Instruction to Jury that Presumption of Innocence is Not Intended To Aid the Guilty To Escape is Not Misleading or Erroneous

===================================

Landlord and Tenant Law--Warranty of Habitability Implied by Law …

Modification And Dissolution Of Administrative Orders And Injunctions, Edward A. Tomlinson

Maryland Law Review

No abstract provided.

Internationally Uniform Probate Law--A Method For Improving Administration Of Multinational Estates, John G. Webb, Iii

Vanderbilt Journal of Transnational Law

The need to coordinate succession laws of different nations was recognized as early as 1893 at the first Hague Conference where attempts were begun to coordinate the laws of succession on death through multilateral conventions. Notwithstanding so early an effort, however, the administration of multinational estates has remained plagued by diversity of national laws governing succession on death. The resulting confusion and inefficiency of administration has often frustrated the testamentary intentions of decedents of many nationalities. While no viable uniformity has been attained among nations, the need for consistency increases. Half a million United States civilian citizens live abroad, and …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Accountants--Auditors--Compliance with General Accounting Principles Not a Complete Defense To Criminal Fraud

==========================

Administrative Law--Standing to Challenge Administrative Actions--Anyone Arguably Protected by Statute May Sue

===========================

Constitutional Law--Abortion--Standard Excepting Abortions Done as "Necessary for the Preservation of the Mother's Life or Health" Held Unconstitutionally Vague

============================

Constitutional Law--Civil Rights--Discrimination by a Third Party in Connection with the Rental of Property Entitles the Injured Party to a Private Right of Damages Under Section 1982

=============================

Constitutional Law--Double Jeopardy--Benton v. Maryland Applies Retroactively to State Criminal Convictions

=============================

Copyright--Unfair Competition--Unauthorized Reproduction of Another's Recording for Resale Violates State Unfair Competition Doctrine

============================= …

Roundtable On Administrative Law: Proceedings, William Burnett Harvey

Articles by Maurer Faculty

No abstract provided.

The Local Administrative Agencies, Maurice H. Merrill

Vanderbilt Law Review

We have become accustomed to the concept, once thoroughly horrendous to most lawyers, that the dispensation of justice may, be properly entrusted to those tribunals which, for want of a better term, we label administrative. In past years they were considered the illicit offspring of miscegenatious commingling of powers which,constitutionally, should have been kept in rigid segregation. In the last half century, this habit of thought has all but disappeared; our concern has been rather with the full acknowledgment and acceptance of these agencies into the family of makers and appliers of the law. We have undertaken to nurture and …

The New Administrative State: Judicial Sanction For Agency Self-Determination In The Regulation Of Industry, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.

The Role Of Law In The Negotiated Settlement Of International Disputes, James K. Irvin

Vanderbilt Journal of Transnational Law

One of the chief functions of any legal system is to provide the machinery for settling disputes between members of the society which the system serves. No legal system can be expected to solve all such disputes, but law can create an atmosphere in which the parties themselves may effect, without bloodshed, the resolution, minimization or avoidance of disputes. The disputants may choose an arbiter or conciliator to reach a settlement for them, or they may bargain and compromise until they find a common basis for an agreement ending the dispute. The latter process, called negotiation, is the most effective …

The French Conseil D' Etat: A Case Study In Boundary Maintenance, Robert Carp, Harrell Rodgers

Vanderbilt Journal of Transnational Law

Very little is known about the role that courts play in the total political system of a nation. In two recent works Professors Walter Murphy and Joseph Tanenhaus have centered attention on this question and have isolated some of the major functions of courts and developed several working hypotheses concerning these functions. They suggest that one of the major functions of constitutional courts consists of "defining the rules of the political game and determining the boundaries of authority between competing public officials as well as the boundaries between governmental authority and individual liberty." In approving or disapproving the acts of …

Non-Litigation Proceedings Before Administrative Agencies, Matthew J. Koch

Cleveland State Law Review

The expanding size and burgeoning complexity of the federal, state, and local governments accompanied by a corresponding increase in the administrative agencies of each branch of government, have created new and perplexing problems for the attorney, whether he be in private practice, or house counsel for a large company. By necessity, the attorney is called upon to pursue and solve problems outside of the judicial branch of the government. In order to attack these problems, it is necessary to know what constitutes an administrative agency, and what constitutes administrative law.