Browsing Texas Tech Administrative Law Journal by Issue Date
Now showing items 1-20 of 101
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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)This 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 ... -
“An Aliquot Portion of Their Dues:” A Survey of Unified Bar Compliance with Hudson and Keller
(Texas Tech Journal of Texas Administrative Law, 2000)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. ... -
An Overview of the Use of Experts in Administrative Proceedings
(Texas Tech Journal of Texas Administrative Law, 2000)This 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 ... -
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)This 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 ... -
Internet Essentials for the Administrative Law Practitioner
(Texas Tech Journal of Texas Administrative Law, 2000)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 ... -
Introduction
(Texas Tech Journal of Texas Administrative Law, 2000)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. -
No More Secrets: How Recent Legislative Changes Will Allow the Public Greater Access to Information
(Texas Tech Journal of Texas Administrative Law, 2000)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 ... -
Texas’s Open Enrollment Charter School
(Texas Tech Journal of Texas Administrative Law, 2000)This 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 ... -
All Powers Necessary and Convenient: The Scope of Implied Powers for Texas’s Administrative Agencies
(Texas Tech Journal of Texas Administrative Law, 2000)This 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 ... -
APA Legislative Update by Affected Sections
(Texas Tech Journal of Texas Administrative Law, 2000)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. -
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)Discusses 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, ... -
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)This 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 ... -
Understanding TOMA and its Practical Application to State and Local Government
(Texas Tech Journal of Texas Administrative Law, 2001)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 ... -
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)Addresses 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 ... -
Delegations to Private Entities: The Application of the Boll Weevil Eight Factor Test
(Texas Tech Journal of Texas Administrative Law, 2001)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 ... -
Correct Standard of Review by Texas Workers’ Compensation Commission Appeals Panels
(Texas Tech Journal of Texas Administrative Law, 2001)Surveys 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 ... -
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)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 ... -
Case Law Update: September 1, 1999—August 31, 2000
(Texas Tech Journal of Texas Administrative Law, 2001)Surveys 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 ... -
Extent of Injury Issues are not Authorized Under the 1989 Texas Workers’ Compensation Act
(Texas Tech Journal of Texas Administrative Law, 2001)Explains 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 ... -
A Legal Overview of the Galveston Bay Estuary Program
(Texas Tech Journal of Texas Administrative Law, 2001)A 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 ...