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Articles 10501 - 10530 of 14109
Full-Text Articles in Administrative Law
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
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
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
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
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
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
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
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
The Concept Of Independence In Public Law, Brian C. Murchison
Scholarly Articles
None available.
The Four Failures Of The Political Economy, Joseph P. Tomain
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
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
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
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
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.
The Lender As Unconventional Fiduciary, Niels Schaumann
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
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
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
Management Of Federal Agency Adjudication, Jeffrey Lubbers
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Recent Developments In Osha Litigation, Marshall J. Breger
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 …
Administrative Agencies, Joseph Vining
Administrative Agencies, Joseph Vining
Book Chapters
Administrative agencies, often called the ‘‘fourth branch,’’ are entities of government that make decisions within particular substantive fields. Although these fields range over the full spectrum of public concern, the specificity of agencies’ focus distinguishes them from other decision making entities in the constitutional structure—the judiciary, the presidency, the Congress, indeed the individual citizen—each of which can be taken to have a scope of interest as broad as imagination will allow.
Expanding The Judicial Power Of The Administrative Law Judge To Establish Efficiency And Fairness In Administrative Adjudication, C. Stuart Greer
Expanding The Judicial Power Of The Administrative Law Judge To Establish Efficiency And Fairness In Administrative Adjudication, C. Stuart Greer
University of Richmond Law Review
How is an administrative law judge ("ALJ") to know his role in the modern bureaucracy? On the one hand, the law requires the ALJ to adjudicate legal disputes between the government agency and the individual, and on the other hand, a black-robed member of the judicial branch in- structs him that he is out of his jurisdiction. Who wins in this decades-long battle for turf?
Bureau Of Electronic And Appliance Repair, C. Harbs
Bureau Of Electronic And Appliance Repair, C. Harbs
California Regulatory Law Reporter
No abstract provided.
Board Of Architectural Examiners, T. Potter
Board Of Architectural Examiners, T. Potter
California Regulatory Law Reporter
No abstract provided.
Department Of Real Estate, T. Rellos
Department Of Real Estate, T. Rellos
California Regulatory Law Reporter
No abstract provided.
Department Of Savings And Loan, P. Harrelson
Department Of Savings And Loan, P. Harrelson
California Regulatory Law Reporter
No abstract provided.
Litigation, E. D'Angelo
Auctioneer Commission, W. C. Van Duyne
Auctioneer Commission, W. C. Van Duyne
California Regulatory Law Reporter
No abstract provided.
Revisiting Overton Park: Political And Judicial Controls Over Administrative Actions Affecting The Community, Peter L. Strauss
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; …
Direct Liability For Hazardous Substance Cleanups Under Cercla: A Comprehensive Approach, Michael P. Healy
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.
A Civic Republican Justification For The Bureaucratic State, Mark Seidenfeld
A Civic Republican Justification For The Bureaucratic State, Mark Seidenfeld
Scholarly Publications
Scholars have debated the legitimacy of the modern administrative state since its rise in the early twentieth century. In this Article, Professor Seidenfeld argues that the political theory of civic republicanism, with its emphasis on citizen participation in government and deliberative decisionmaking, provides the best justification for the American bureaucracy. Beginning with an analysis of civic republican theory, he notes that it promises greater citizen involvement in political decisionmaking, yet at the same time threatens to increase government power. Professor Seidenfeld finds that the current regime of administrative law neither allows for the full realization of civic republicanism's potential nor …
Fact, Fiction, And Forest Service Appeals, Carl W. Tobias
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 …