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Articles 10861 - 10890 of 14109
Full-Text Articles in Administrative Law
Realizing The Potential Of Arbitration In Federal Agency Dispute Resolution, Marshall J. Breger
Realizing The Potential Of Arbitration In Federal Agency Dispute Resolution, Marshall J. Breger
Scholarly Articles
The Administrative Dispute Resolution Act of 1990 has given direct authorization to all federal government agencies to voluntarily agree to use alternative dispute resolution (specifically arbitration) in any type of dispute—whether disputes between the government and private parties, interagency matters or labor-management disputes within one agency. This law will be overseen by the Administrative Conference, which coordinates and advises agencies on the act's implementation. The Administrative Conference is a permanent federal agency established in 1964. Its purpose is to "improve the procedures of federal agencies so that they may fairly and expeditiously carry out their responsibilities."
Providing Economic Incentives In Environmental Regulation, Marshall J. Breger, Richard B. Stewart, E. Donald Elliott, David Hawkins
Providing Economic Incentives In Environmental Regulation, Marshall J. Breger, Richard B. Stewart, E. Donald Elliott, David Hawkins
Scholarly Articles
No abstract provided.
New Motor Vehicle Board, J. Netzer
New Motor Vehicle Board, J. Netzer
California Regulatory Law Reporter
No abstract provided.
The Principles, Tools, And Limits Of Preservation Law In Missouri, John W. Ragsdale Jr
The Principles, Tools, And Limits Of Preservation Law In Missouri, John W. Ragsdale Jr
Faculty Works
No abstract provided.
Board Of Funeral Directors And Embalmers, E. Bartlett
Board Of Funeral Directors And Embalmers, E. Bartlett
California Regulatory Law Reporter
No abstract provided.
Board Of Dental Examiners, D. Flynn Shope
Board Of Dental Examiners, D. Flynn Shope
California Regulatory Law Reporter
No abstract provided.
Structural Pest Control Board, T. Fong
Structural Pest Control Board, T. Fong
California Regulatory Law Reporter
No abstract provided.
Board Of Vocational Nurse And Psychiatric Technician Examiners, C. Forbes
Board Of Vocational Nurse And Psychiatric Technician Examiners, C. Forbes
California Regulatory Law Reporter
No abstract provided.
The International Court Of Justice And Administrative Tribunals Of International Organizations, Joanna Gomula
The International Court Of Justice And Administrative Tribunals Of International Organizations, Joanna Gomula
Michigan Journal of International Law
This paper will explore the origins of the Court's unusual system of review and underscore some of its problems. Surprisingly, this issue has not been adequately expounded, although occasionally different authors have discussed particular problems, such as the participation of individuals in proceedings before the Court.
Administrative Law In The United States -- Past, Present And Future, Alfred C. Aman
Administrative Law In The United States -- Past, Present And Future, Alfred C. Aman
Articles by Maurer Faculty
This paper will take a contextual approach to American administrative law. It will examine the historic context and the legal significance of certain administrative law doctrines and approaches. In so doing, it will examine three distinct eras of administrative law: (1) the New Deal-A.PA., which I date from 1929 to 1959; (2) the environmental era which I date from 1960 to 1980; and (3) the global era of administrative law, whose beginnings I somewhat arbitrarily mark as 1980. This takes us to the present and the foreseeable future.' I do not mean to imply that these eras are so distinct …
Authority And Responsibility: The Jurisprudence Of Deference, Joseph Vining
Authority And Responsibility: The Jurisprudence Of Deference, Joseph Vining
Articles
he connection between authority and responsibility is such that the one cannot be thought of without the other. In legal method, close reading and rereading of a text marks it as an authoritative text; the presupposition of mind which is necessary to close reading is presupposition of a responsible mind. In the working of institutions that embody authority, the disposition to follow the decisions and statements of a person responsible for a matter inevitably rests upon a presupposition that the decisions and statements followed are those of the responsible person. As that presupposition fades with bureaucratization of decision and writing, …
A Conservative’S Comments On Edley And Sunstein, Marshall J. Breger
A Conservative’S Comments On Edley And Sunstein, Marshall J. Breger
Scholarly Articles
No abstract provided.
Contractors State License Board, C. Forbes
Contractors State License Board, C. Forbes
California Regulatory Law Reporter
No abstract provided.
Board Of Registered Nursing, G. Schmidt
Board Of Registered Nursing, G. Schmidt
California Regulatory Law Reporter
No abstract provided.
The Tragedy Of Distrust In The Implementation Of Federal Environmental Law, Richard J. Lazarus
The Tragedy Of Distrust In The Implementation Of Federal Environmental Law, Richard J. Lazarus
Georgetown Law Faculty Publications and Other Works
The need to reduce dramatically the strain we place on the natural environment is simultaneously immediate and long-term. Our domestic laws reflect that understanding and express a symbolic commitment to that goal. Those laws have achieved, moreover, significant improvement in discrete areas and, in some others, have managed to resist further environmental degradation in the face of a growing economy. For that reason, they warrant great praise. The past twenty years nevertheless reveal that those same laws decline to undertake the concomitant modification of our governmental institutions, and the way we think about them, which is necessary for a fuller …
The Case For Integrated Pollution Control, Lakshman Guruswamy
The Case For Integrated Pollution Control, Lakshman Guruswamy
Publications
No abstract provided.
Due Process, Judicial Review, And The Rights Of The Individual, Edward D. Re
Due Process, Judicial Review, And The Rights Of The Individual, Edward D. Re
Cleveland State Law Review
As a federal judge I fully appreciate the role of the judiciary in reviewing the actions of administrative agencies. Hence, I am pleased to discuss the concepts of due process, judicial review, and the rights of the individual. Since it cannot be questioned that public officers and administrative agencies vitally affect the lives and interests of all persons, it is important to know the legal controls and remedies that are available to assure that public officials act lawfully. This, of course, implies that all administrators and officers of government must act within the bounds of their delegated authority and comply …
Comments On Bernard Schwartz’ Essay, Marshall J. Breger
Comments On Bernard Schwartz’ Essay, Marshall J. Breger
Scholarly Articles
No abstract provided.
Adjudicative Retroactivity In Administrative Law , Abner S. Greene
Adjudicative Retroactivity In Administrative Law , Abner S. Greene
Faculty Scholarship
Although decided forty-five years ago, SEC v Cbenery Corp. ("Cbenery II") remains the Supreme Court's leading statement on the issue of retroactivity in administrative adjudication. According to Chenery II, administrative agencies may give meaning to statutory terms through adjudication, even if the rules applied in a particular adjudication have not been previously announced. The Court acknowledged that "announcing and applying a new standard of conduct" in an adjudicative proceeding would have a retroactive effect, but concluded that the agency's duty to be faithful to the "statutory design or to legal and equitable principles" may override concerns about retroactivity. The Court …
The Post-Riley Era: An Analysis Of First Amendment Protection Of Charitable Fundraising, Stephen H. Block
The Post-Riley Era: An Analysis Of First Amendment Protection Of Charitable Fundraising, Stephen H. Block
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Editor's Comments, Charles H. Koch Jr.
Specialized Courts In Administrative Law, Harold H. Bruff
Specialized Courts In Administrative Law, Harold H. Bruff
Publications
No abstract provided.
The Administrative Conference Of The United States: A Quarter Century Perspective, Marshall J. Breger
The Administrative Conference Of The United States: A Quarter Century Perspective, Marshall J. Breger
Scholarly Articles
I have served as Chairman of the Administrative Conference of the United States (ACUS) for a little more than six years. It has been both a fulfilling and a frustrating experience. The Conference has accomplished a great deal, yet it could do much more. I take this opportunity to review the role of the Conference in modern administrative law. In this article I wish to meet two goals. The first is to illustrate the role of the Administrative Conference-what it does, and how it does it. During my tenure, I have often used the chairmanship as a "bully pulpit" to …
Administrative Law, Michael A. Scaperlanda
The California State Lottery's Contribution To Education: The State Learns To Deceive, Elisa M. D'Angelo
The California State Lottery's Contribution To Education: The State Learns To Deceive, Elisa M. D'Angelo
California Regulatory Law Reporter
No abstract provided.
Is This Really Necessary? - No Failures After The S&L Crisis? Don't Bank On It
Is This Really Necessary? - No Failures After The S&L Crisis? Don't Bank On It
California Regulatory Law Reporter
No abstract provided.
Public Interest Organizations, J. Jacobson
Public Interest Organizations, J. Jacobson
California Regulatory Law Reporter
No abstract provided.
Office Of Administrative Law, J. Altomare
Office Of Administrative Law, J. Altomare
California Regulatory Law Reporter
No abstract provided.
Office Of The Auditor General, P. Thorner
Office Of The Auditor General, P. Thorner
California Regulatory Law Reporter
No abstract provided.