Browsing by Author "Schenkkan, Pete"
Now showing 1 - 2 of 2
- Results Per Page
- Sort Options
Item Texas Administrative Law: Trials, Triumphs, and New Challenges(Texas Tech Journal of Texas Administrative Law, 2006) Schenkkan, PeteThe first part of this article is a comprehensive summary of the history and movements that led to the Texas Administrative Procedures Act, such as: the federal administrative law movement, Federal APA of 1946, the Chenery Doctrine, rulemaking, model state APA movement, and Texas’s adoption of “Substantial Evidence De Novo” standard. The second part of this article is a compilation of top Texas administrative cases and statutory changes since 1975. The third part of this article discusses how SOAH, enforcement concerns, regulatory policy pressure, technology, and federal preemption are influencing administrative law in Texas. Further, it explores how traditional executive branch officials in Texas are gaining administrative authority. Lastly, the article addresses the Texas judicial review structure and compares it to the federal judicial review structure.Item UDJA Declaratory Judgments in Texas Administrative Law(Texas Tech Administrative Law Journal, 2008) Schenkkan, PeteAddresses two Texas statutes that authorize declaratory judgments—the Uniform Declaratory Judgment Act (UDJA) and the Administrative Procedure Act (APA). First, it explains declaratory judgments in general, putting the Texas APA and the UDJA in the national declaratory judgment law context. It analyzes the 2007 Supreme Court decision, MedImmune, Inc. v. Genentech, Inc.. It addresses UDJA issues in Texas administrative law pertaining to statutory construction or statutory validity cases—focusing on pending or possible contested cases and the exclusive jurisdiction of agencies. Further, it briefly addresses the UDJA contract declaratory judgment actions in Texas administrative law.