Texas Tech Administrative Law Journal
Permanent URI for this collectionhttps://hdl.handle.net/2346/72461
Browse
Browsing Texas Tech Administrative Law Journal by Issue Date
Now showing 1 - 20 of 101
- Results Per Page
- Sort Options
Item “An Aliquot Portion of Their Dues:” A Survey of Unified Bar Compliance with Hudson and Keller(Texas Tech Journal of Texas Administrative Law, 2000) Brock, Ralph H.This article provides a survey of unified bar associations nationwide and the compliance requirements following two United States Supreme Court Cases: Keller v. State Bar of California and Chicago Teachers Union v. Hudson. In sum, Keller requires unified bar associations to establish a procedure to ensure that membership dues were not used for political or ideological activities where the paying member of said dues objects to that use. Similarly, in Hudson, the Court recognized that unified bar members have a right to an adequate explanation of the basis for the amount of their mandatory dues. The author reviewed these two Supreme Court cases and then considered both successful and unsuccessful procedures take by unified bar associations that have evolved in order to comply with the requirements of Hudson and Keller. Ultimately, the author suggests steps current non-complying unified bar associations might take to satisfy their obligation to dissenting members under Hudson and Keller.Item An Overview of the Use of Experts in Administrative Proceedings(Texas Tech Journal of Texas Administrative Law, 2000) Brent, PhillipThis comment provides a detailed review of qualified expert testimony and its use in administrative proceedings. Specifically, the author examines the evolutionary process for use of expert testimony amongst the federal courts and reviews how Texas courts have adapted the federal framework to fit their own needs. Following extensive review of contemporary law concerning expert testimony, the author suggests that lawyers, judges, and others who maintain a firm understanding of the law regarding experts will be able to ensure that only qualified experts, offering relevant and reliable testimony, will be used to assist them in reaching a just result.Item No More Secrets: How Recent Legislative Changes Will Allow the Public Greater Access to Information(Texas Tech Journal of Texas Administrative Law, 2000) Duncan, Rick L.This article discusses recent legislative changes to the Texas Open Meetings Act and the Texas Public Information Act. It briefly reviews the history of these acts and then details the House and Senate Bills that modified the acts. Finally, the article discusses the repeal of the Staff Briefing exception to the Texas Open Meetings Act and the creation of the Omnibus Public Information Bill to strengthen and clarify the Texas Public Information Act.Item Texas’s Open Enrollment Charter School(Texas Tech Journal of Texas Administrative Law, 2000) Thompson, Jim; Martin, ChristiThis article provides a descriptive study of charter schools in Texas and some of the legal questions raised. It surveys some issues to be resolved in the future, including the powers and duties of charter schools and the applicability of governance-related restrictions to charter schools. Lastly, the article reasons that charter schools are a reasonable alternative to public schools for parents who want to choose an alternative to the local school system without paying for a private education.Item Justified Reasoning for Reasonable Minds: The Reasoning Behind Standards of Judicial Review of Administrative Decisions in Texas(Texas Tech Journal of Texas Administrative Law, 2000) Ornelas, Oscar JavierThis comment examines the development of Texas Judiciary’s authority to review administrative agency decisions and tracks the historical evolution of the different standards of review employed by Texas administrative agencies. This comment also reviews the evolution of the standards of review within the Texas Judicial System. The author concludes that the substantial evidence rule is ineffective to give citizens quality due process. The author suggests The Texas Supreme Court and the Legislature should cooperate in order to take preventative measures and reach a resolution to this serious problem.Item All Powers Necessary and Convenient: The Scope of Implied Powers for Texas’s Administrative Agencies(Texas Tech Journal of Texas Administrative Law, 2000) Block, Nathan; Houston, Robin SmithThis article examines the scope of the implied powers endowed upon Texas’s administrative agencies. While Texas law draws some bright lines for use by agencies and courts in interpreting the scope of implied power, this article highlights the difficulties that arise as courts attempt to identify when a particular power will be implied from a statutory delegation of authority and when it will not. Ultimately, the authors attempt to carve out objective, dispositive conclusions about the scope of implied powers. It is apparent, however, virtually every situation involving implied powers differs from the next, and the eventual scope of any agency’s recognized implied powers depends on a number of factors.Item Reducing the Frequency and Impact of Procedural Challenges to Adopted Rules: The Legislature’s Direct Effort to Squeeze Out the Need for Court Interpretation of the APA(Texas Tech Journal of Texas Administrative Law, 2000) Pruett, KimberlyThis article discusses the amendment to the Texas Administrative Procedure Acts that adds a provision for courts to remand a rule to an agency if the agency has not substantially complied with the rule adoption procedural requirements. The article discusses two cases in which agencies were affected by the new rule. Lastly, the article points out that the new provision gives the courts less judiciary interpretation and the APA greater power by reducing the frequency and impact of procedural challenges to adopted rules.Item Introduction(Texas Tech Journal of Texas Administrative Law, 2000) Shannon, Brian D.This brief note contains an introduction to Volume I of the Texas Tech Journal of Texas Administrative Law. It serves to review the inaugural history of the Journal and to inform the audience of the scope and goals of the Journal.Item Internet Essentials for the Administrative Law Practitioner(Texas Tech Journal of Texas Administrative Law, 2000) Reilly, Frank M.This article outlines useful features of the Internet which are helpful to administrative law practitioners, and provides an extensive list of useful World Wide Web sites in the appendix. The article serves as an introductory guide to the growth and use of contemporary Internet sites and its use for the benefit of an administrative law practitioner including legal research, communication via email, and database research.Item APA Legislative Update by Affected Sections(Texas Tech Journal of Texas Administrative Law, 2000) Bright, Jill K.This article provides a section-by-section description of changes to the Texas Administrative Procedure Act made in 1999. The article gives a brief analysis of the change for each section.Item A Legal Overview of the Galveston Bay Estuary Program(Texas Tech Journal of Texas Administrative Law, 2001) Homrighaus, JasonA comprehensive review of The Galveston Bay Plan and its enforceability. The plan calls for the development of partnerships between various stakeholders to reach the objectives and goals of restoring and protecting Galveston Bay’s valuable natural resources. It is jointly administered by the Texas Natural Resource Conservation Commission (TNRCC) and Texas General Land Office (GLO) in an effort to protect the estuary. The author suggests that following the recommendation of the plan is the best way to accomplish preserving and increasing the value of Galveston Bay’s natural resources.Item Federal Courts Do the Two-Step While Texas Dances to a Different Tune: Judicial Review of Agency Rulemaking(Texas Tech Journal of Texas Administrative Law, 2001) Rosov, Suzy E.An overview of judicial review and deference to agency rulemaking and interpretation, using the “reasonable” principle applied in Chevron, as well as the “arbitrary and capricious” standard under the APA. The author explores the differences between the two different types of review and when they should be applied. The author then explains the Texas perspective of agency rule making and interpretation. In conclusion, the author mentions that while federal agencies seem to recognize to a greater extent the importance of public interest and accountability when considering stare decisis, Texas agencies appear to resist substantially changing agency policy without express legislative authority.Item Understanding TOMA and its Practical Application to State and Local Government(Texas Tech Journal of Texas Administrative Law, 2001) Martin, Kathryn L.;The focus is on understanding the implications of the Texas Open Meetings Act (TOMA) on state and local government. The fundamental tenet underlying TOMA is that all regular, special, or called meetings of a governmental body must be open to the public. TOMA accomplishes this by providing rules and procedures for state and local government meetings, notices and records. The author concludes that these rules and procedures achieve uniformity of access in state and local governments in effect giving the public an open invitation to participate in the government’s daily political life.Item Case Law Update: September 1, 1999—August 31, 2000(Texas Tech Journal of Texas Administrative Law, 2001) Amos, Jessie A.; Texas Tech Journal of Administrative Law Editorial StaffSurveys recent state-court appellate decisions addressing issues of Texas administrative law. It includes summaries of opinions issued from September 1, 1999 through August 31, 2000. The article catalogues decisions with respect to their importance or contribution to the development of administrative law. The cases are grouped roughly by administrative law subject. These groupings are: (1) Jurisdictional and Other Prerequisites to Judicial Review, (2) Standard and Scope of Review, (3) Agency's Express and Implied Powers, (4) Due Process Considerations, (5) Open Meetings and Open Records, and (6) Other Recent Decisions.Item Due Course of Law: The Case to Extend Judicial Review to Applicants and Recipients of Public Benefits in Texas(Texas Tech Journal of Texas Administrative Law, 2001) Clarke, Donna; Bower, BruceDiscusses the types of programs affected by the lack of state court judicial review and Texas’s latest attempt to establish judicial review. The authors seek to demonstrate that due process in Texas is lacking for impoverished, disabled, and elderly persons under the Supreme Court standard set forth in Goldberg v. Kelly and Mathews v. Eldridge. Additionally, the authors briefly examine the judicial processes available to persons in Texas contesting state agency decisions. Finally, the authors address the minimal costs it would take to extend state court judicial review and the fundamental fairness state court judicial review would bring to the poor, the elderly, and the disabled citizens of Texas.Item Toward a Responsible System of Regulating Practice at Administrative Agencies: Administrative Agencies and the Changing Definition of the Practice of Law(Texas Tech Journal of Texas Administrative Law, 2001) Block, Nathan; Houston, Robin SmithThis article addresses State Bar of Texas Task Force’s recommendation for a new statutory definition of the practice of law. The authors examine the topic of the unauthorized practice of law and how Texas manages and regulates representation in front of various state boards, agencies, and commissions. Additionally, the authors note that non-attorneys practicing in front of administrative agencies is an ongoing concern. The authors suggest that the best solution for agencies would be to introduce more specific procedural steps to afford protection to those represented by non-attorneys in administrative practice.Item Rule 12 of Judicial Administration’s Impact on the Cloudy Judiciary Exception to the Texas Open Records Act: Clearer Skies Predicted?(Texas Tech Journal of Texas Administrative Law, 2001) Pruett, MarisaAddresses how Rule 12 of the Texas Rules of Judicial Administration, which imposes more specific restriction on the scope of the term “judiciary” fits into the Texas open records law, including statutory law (Texas Open Records Act (TORA)), Attorney General open records rulings, and case law. The author proposes that the passing of Rule 12 and a stricter definition of “judiciary” will make the unpredictable framework of open records law more consistent. This is because Rule 12 provides courts and the Office of the Attorney General with clearer guidelines on what is and what is not exempt under the judiciary exceptions to TORA.Item Correct Standard of Review by Texas Workers’ Compensation Commission Appeals Panels(Texas Tech Journal of Texas Administrative Law, 2001) Hesness, VilhelmSurveys different standards of review that the Texas Workers’ Compensation could use. The author ultimately determines that a substantial evidence review looking for an abuse of hearing officer discretion is the only type of review that remains consistent with the legislative intent under the Texas Workers’ Compensation Act.Item Delegations to Private Entities: The Application of the Boll Weevil Eight Factor Test(Texas Tech Journal of Texas Administrative Law, 2001) Ewert, Robert A.This article examines the Texas Supreme Court’s application of the Boll Weevil eight factor balancing test to determine the constitutionality of a private delegation. The Texas Supreme Court determined in Texas Boll Weevil Education Found., Inc. v. Lewellen that the Texas Legislature’s delegation of power to a private entity violated the Texas Constitution’s Separation of Power’s clause. The author analyzes cases that were subject to the Boll Weevil test and concludes that the fears expressed after the Boll Weevil opinion was announced were probably overstated and that the Texas Legislature was quick to react and amended the statutes in question in the Boll Weevil case so the program can continue.Item Extent of Injury Issues are not Authorized Under the 1989 Texas Workers’ Compensation Act(Texas Tech Journal of Texas Administrative Law, 2001) Hesness, VilhelmExplains instances in which hearing officers conducting benefit contested case hearings have been asked to determine the extent of a claimant’s injuries are not allowed under the 1989 Texas Workers’ Compensation Act. The author notes that disputes about the reasonableness and necessity of continued medical treatment should be addressed through the “Administrative Procedures/Medical Review Hearing” system and not through a benefit contested case hearing. The author states that the prevalence of extent of injury issues are a throwback to pre-1989 law where causation and extent issues were treated differently than they are under current law.