Now showing items 1-6 of 6
An Ace in the Hole & A Jack of All Trades: Recent Developments Affecting Sovereign Immunity & Pleas to the Jurisdiction
(Texas Tech Journal of Texas Administrative Law, 2005)
The article summarizes recent developments in Texas law that affect the substantive doctrine of sovereign immunity and the procedural practice surrounding pleas to the jurisdiction and how both have strengthened the ...
Which Way is the Scale Tipped Now? The Shifting Balance of Power Between the Authority of Administrative Agencies and the State Office of Administrative Hearings Regarding Rulings in Contested Cases
(Texas Tech Journal of Texas Administrative Law, 2003)
This comment reviews developments in the evolving relationship between the agencies and the State Office of Administrative Hearings (SOAH) administrative law judges (ALJs) regarding agency modifications of the ALJ’s findings ...
Use of Declaratory Judgments to Review Agency Action
(Texas Tech Journal of Texas Administrative Law, 2006)
This article explains ways that the Uniform Declaratory Judgments Act (UDJA) and the Administrative Procedures Act (APA) provide additional and alternative remedies that go beyond the appeal provisions of the APA. It ...
Arbitrariness Review Made Reasonable: Structural and Conceptual Reform of the Hard Look
(Notre Dame Law Review, 2016)
Designing procedures for legislative rulemaking, a dominant feature of modern governance, has spawned one of the most contentious debates in all of administrative law. Compounding the stakes, over the last fifty years, the ...
Eight Things Americans Can't Figure Out About Controlling Administrative Power
(Administrative Law Review, 2008)
Administrative law is difficult because it reflects a tension between two fundamental impulses that pull in opposite directions. Effective government requires the allocation of discretionary power to agency officials, but ...
UDJA Declaratory Judgments in Texas Administrative Law
(Texas Tech Administrative Law Journal, 2008)
Addresses 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 ...