Administrative Litigation Research Articles

Immediately Enact and Promulgate "Regulations on Administrative Reconsideration"

The Administrative Litigation Law of the People's Republic of China will go into effect on October 1,1990. Supplementary legislative work centered around the implementation of the Administrative Litigation Law is necessary in order to implement it better. Enacting and promulgating the Administrative Reconsideration Regulations is urgent for this undertaking and is an important task for our current legislative work.

Explanation of the (Draft) Administrative Litigation Law of the PRC

Enactment of the Administrative Litigation Law following enactment of the Criminal Procedure Law and Civil Procedure Law is a matter of significance in our country's socialist legal construction and also an important step in the establishment of a socialist democratic political system in China. The constitution stipulates that have the right to submit to relevant state organs complaints, charges, or reports of violations of the law or dereliction of duty by any state organ or and who have suffered losses through infringement of their civil rights by any state organ or functionary have the right to obtain compensation in accordance with the law. The enactment of the Administrative Litigation Law has major and positive significance for improving and elevating administrative work regarding implementation of the principle of safeguarding the legitimate rights of citizens under the constitution and the Thirteenth Party Congress Report and upholding and promoting administrative...

Policy Development by State and Local Education Agencies: The Context, Challenge, and Rewards of Policy Leadership

Demands for the development of special education policies by state and local educational agencies are increasing as federally mandated state education agency (SEA) administrative activities and state and federal special education litigation expand. Federal regulatory provisions provide a superstructure within which numerous policy vacuums or gaps exist. If left unfilled, these policy vacuums often become the target of administrative and judicial litigation. Federal courts and enforcement agencies often are eager to defer to state and local special education policy-making when it occurs in advance of litigation and when, in response to operational problems and questions, it contains reasonable educational and administrative answers expressed clearly and in measurable terms. By developing special education policy in this proactive manner, state and local education agencies can retain control over education decision making.

EPA Settlements of Administrative Litigation

EPA Settlements of Administrative Litigation

Child-resistant containers a 'must' in drug-dispensing

Physicians who dispense pharmaceuticals must use child-resistant containers except when patients such as the elderly or handicapped would be unable to open them, according to the US Consumer Product Safety Commission. The commission monitors compliance with the federal Poison Prevention Packaging Act, and many states have parallel statutes. However, says David Schmeltzer, associate executive director of the commission's Directorate for Compliance and Administrative Litigation, the agency is concerned that some physicians who dispense pharmaceuticals themselves may not understand that they are subject to the law's packaging standards "in the same manner [as for] prescription drugs dispensed by pharmacists." The law provides that non-child-resistant packaging may be provided at a patient's request or a prescribing physician's direction, Schmeltzer concedes. But he emphasizes that this clearly "is to be the exception rather than the rule." Although children's accidental ingestions of aspirin and potentially poisonous substances of all kinds have declined by an

Some Problems conerning Appropriation of Commons

The purpose of this paper is to question the legitimacy of the appropriation of the common pasture in Miyazaki Prefecture by the Meiji Government. Kan min yu kubun (the classification of land) was an undertaking begun in 1871, through which the Meiji Government classified forests, pastures, and waste lands into or government-owned and continued until 1881. It was the beginning of the Land Tax Reform. By this appropriation 71 percent of all the forests and waste lands were incorporated into owned by the Government.Fukushima, located at the southernmost district of Miyazaki prefecture, was an exceptional case, where, some of the commons were taken up by the Government through Kan min yu kubun. Then most of the rest were appropriated even after the Land Tax Reform. As a result, a total of 95 percent of the forests and waste lands in Fukushima were incorporated into owned by the Government.When the Law concerning the Returning of Government-owned Land to former owners (Koku-yu-tochi-shinrin-genya karei ho) was enacted in 1899, however, in Miyazaki prefecture only 1.5 percent of the requests were granted. All the returned, inclusive of brought back through administration litigations, amounted to no less than 6 percent.One common was returned to its owners through an administration litigation as late as 1910, in which only half the villagers participated. Then the remaining one half of the villagers called for the affirmation of joint ownership on the rest of the land. But the Tokyo district court dismissed their claim in 1972.I would like to question the above-mentioned decision of the Tokyo district court, and also to criticize three writings on which the decision was based.First I woud like to mention the title of each writing and summarize its assertion, followed by my criticism.I. Jidai niokeru Yamanengu no Seishitsu (The Nature of Yamanengu dues on common forests in the Tokugawa Period) by Kaoru Nakada in Kokkagakkaizasshi, Vol. 21, No. 11, 1907.It asserted: Except the which yielded Honto Mononari (main rice-tax), all forests and waste lands should be incorporated into government-owned land.My criticism: Dr. Nakada interpreted only the letter of the Law concerning the Returning of Government-owned Land, but omitted to cite detailed instructions which the Department of Agriculture and Commerce had issued for the enforcement of the law. It is unreasonable to interpret the criteria of the classification of of 1876 according to the administrative regulations of 1899.II. Takanabe Han Maki Mondai no Kosatsu (An Inquiry on Pastures in the Takanabe Han), by Mataji Takakura, c. 1964.It asserted: Commons were owned by the Han, not by the villagers, and the Hanshu (lord) permitted the villagers to pasture in them.My criticism: Mr. Takakura failed to cite any evidence showing the actual conditions of use of pastures in the Fukushima district, and misinterpreted many of the documents he cited.III. Iriai no Kenkyu (The Study on Commons) by Michitaka Kaino, 1943.It asserted: Classification of land was an administrative act by the Meiji Government to create arbitrarily (or tyrannically) ownership of land.My criticism: Dr. Kaino neglected to recognize a delicate nuance in the wording of the criteria of the classification of and failed to appreciate the fact that the Daishin-in (the Supreme Court before World War II in Japan), respecting old usages, had been in favor of the upholding of common ownership of villagers on the grounds of common usages which had been held for a long time.It is my conclusion that the common pasture had features which should justly be called private common land, and so it should be incorporated into land.

Ideologies and Attitudes, Academic and Judicial

Previous articleNext article No AccessIdeologies and Attitudes, Academic and JudicialGlendon SchubertGlendon Schubert Search for more articles by this author PDFPDF PLUS Add to favoritesDownload CitationTrack CitationsPermissionsReprints Share onFacebookTwitterLinkedInRedditEmail SectionsMoreDetailsFiguresReferencesCited by The Journal of Politics Volume 29, Number 1Feb., 1967 Sponsored by the Southern Political Science Association Article DOIhttps://doi.org/10.2307/2127810 Views: 14Total views on this site Citations: 36Citations are reported from Crossref Copyright 1967 Southern Political Science AssociationPDF download Crossref reports the following articles citing this article:Wenzhang Zhou, Yi Peng, Haijun Bao Regular pattern of judicial decision on land acquisition and resettlement: An investigation on Zhejiang’s 901 administrative litigation cases, Habitat International 63 (May 2017): 79–88.https://doi.org/10.1016/j.habitatint.2017.03.013Glendon Schubert Two Versions of Pastoral, from A to Z, Politics and the Life Sciences 1, no.22 (May 2016): 114–124.https://doi.org/10.1017/S0730938400008546C. Neal Tate The methodology of judicial behavior research: A review and critique, Political Behavior 5, no.11 (Jan 1983): 51–82.https://doi.org/10.1007/BF00989986Charles J. Lumsden, Edward O. Wilson Précis of Genes, Mind, and Culture, Behavioral and Brain Sciences 5, no.11 (Feb 2010): 1–7.https://doi.org/10.1017/S0140525X00010128David P. Barash From genes to mind to culture: Biting the bullet at last, Behavioral and Brain Sciences 5, no.11 (Feb 2010): 7–8.https://doi.org/10.1017/S0140525X0001013XArthur L. Caplan Stalking the wild culturgen, Behavioral and Brain Sciences 5, no.11 (Feb 2010): 8–9.https://doi.org/10.1017/S0140525X00010141William R. Charlesworth The epigenetic connection between genes and culture: Environment to the rescue, Behavioral and Brain Sciences 5, no.11 (Feb 2010): 9–10.https://doi.org/10.1017/S0140525X00010153Robert Fagen Epigenesis and culture, Behavioral and Brain Sciences 5, no.11 (Feb 2010): 10–10.https://doi.org/10.1017/S0140525X00010165Michael T. Ghiselin On mechanisms of cultural evolution, and the evolution of language and the common law, Behavioral and Brain Sciences 5, no.11 (Feb 2010): 11–11.https://doi.org/10.1017/S0140525X00010177Howard E. Gruber Genes for general intellect rather than particular culture, Behavioral and Brain Sciences 5, no.0101 (Feb 2010): 11.https://doi.org/10.1017/S0140525X00010189C. R. Hallpike The “culturgen”: Science or science fiction?, Behavioral and Brain Sciences 5, no.11 (Feb 2010): 12–13.https://doi.org/10.1017/S0140525X00010190Daniel L. Hartl A too simple view of population genetics, Behavioral and Brain Sciences 5, no.11 (Feb 2010): 13–14.https://doi.org/10.1017/S0140525X00010207Timothy D. Johnston Concepts of development in the mathematics of cultural change, Behavioral and Brain Sciences 5, no.11 (Feb 2010): 14–15.https://doi.org/10.1017/S0140525X00010219Joseph K. Kovach From genes to culture: The missing links, Behavioral and Brain Sciences 5, no.11 (Feb 2010): 15–17.https://doi.org/10.1017/S0140525X00010220Geoffrey R. Loftus Top-down guidance from a bottom-up theory, Behavioral and Brain Sciences 5, no.11 (Feb 2010): 17–18.https://doi.org/10.1017/S0140525X00010232Hubert Markl The power of reduction and the limits of compressibility, Behavioral and Brain Sciences 5, no.11 (Feb 2010): 18–19.https://doi.org/10.1017/S0140525X00010244Roger D. Masters Toward a natural science of human culture, Behavioral and Brain Sciences 5, no.11 (Feb 2010): 19–20.https://doi.org/10.1017/S0140525X00010256J. Maynard Smith Mind and the linkage between genes and culture, Behavioral and Brain Sciences 5, no.11 (Feb 2010): 20–21.https://doi.org/10.1017/S0140525X00010268Robert Plutchik Genes, mind, and emotion, Behavioral and Brain Sciences 5, no.11 (Feb 2010): 21–22.https://doi.org/10.1017/S0140525X0001027XAlexander Rosenberg Are there culturgens?, Behavioral and Brain Sciences 5, no.0101 (Feb 2010): 22.https://doi.org/10.1017/S0140525X00010281Glendon Schubert Epigenesis: The newer synthesis?, Behavioral and Brain Sciences 5, no.11 (Feb 2010): 24–25.https://doi.org/10.1017/S0140525X00010293Joseph Shepher Collaboration between biology and the social sciences: A milestone, Behavioral and Brain Sciences 5, no.11 (Feb 2010): 25–26.https://doi.org/10.1017/S0140525X0001030XL B. Slobodkin A bully pulpit, Behavioral and Brain Sciences 5, no.11 (Feb 2010): 26–27.https://doi.org/10.1017/S0140525X00010311Pierre L. van den Berghe Resistance to biological self-understanding, Behavioral and Brain Sciences 5, no.11 (Feb 2010): 27–27.https://doi.org/10.1017/S0140525X00010323Robert Van Gulick Information, feedback, and transparency, Behavioral and Brain Sciences 5, no.11 (Feb 2010): 27–29.https://doi.org/10.1017/S0140525X00010335Thomas Rhys Williams Genes, mind, and culture; A turning point, Behavioral and Brain Sciences 5, no.11 (Feb 2010): 29–30.https://doi.org/10.1017/S0140525X00010347Joachim F. Wohlwill The place of mind, and the limits of amplification, Behavioral and Brain Sciences 5, no.11 (Feb 2010): 30–31.https://doi.org/10.1017/S0140525X00010359Charles J. Lumsden, Edward O. Wilson Genes and culture, protest and communication, Behavioral and Brain Sciences 5, no.11 (Feb 2010): 31–37.https://doi.org/10.1017/S0140525X00010360G. Schubert Infanticide by usurper hanuman langur males: A sociobiological myth, Social Science Information 21, no.22 (Mar 1982): 199–244.https://doi.org/10.1177/053901882021002002 Victor E. Flango , and Craig R. Ducat Toward an Integration of Public Law and Judicial Behavior, The Journal of Politics 39, no.11 (Oct 2015): 41–72.https://doi.org/10.2307/2129686Glendon Schubert Political Culture and Judicial Ideology, Comparative Political Studies 9, no.44 (Jan 1977): 363–408.https://doi.org/10.1177/001041407700900401 Sheldon Goldman and Thomas P. Jahnige Systems Analysis & Judicial Systems: Potential & Limitations, Polity 3, no.33 (Nov 2016): 334–359.https://doi.org/10.2307/3234115J. P. Nettl The State as a Conceptual Variable, World Politics 20, no.44 (Jul 2011): 559–592.https://doi.org/10.2307/2009684Glendon Schubert Political ideology on the high court, Politics 3, no.11 (Sep 2007): 21–40.https://doi.org/10.1080/00323266808401128J. Woodford Howard On the Fluidity of Judicial Choice, American Political Science Review 62, no.11 (Aug 2014): 43–56.https://doi.org/10.1017/S0003055400115631J. Woodford Howard On the Fluidity of Judicial Choice, American Political Science Review 62, no.11 (Aug 2014): 43–56.https://doi.org/10.2307/1953325

Administrative Litigation in Spain

Administrative Litigation in Spain

The Law of the Constitution

The seventh edition of Professor Dicey's well-known volume presents, as its most notable feature, an entirely new chapter on the droit administratif. All the previous editions have contained a chapter with this heading, but the doctrines set forth have, within the last half-dozen years, aroused so much adverse criticism that Professor Dicey has reëxamined the whole subject anew and has restated his views in what now constitutes one of the most valuable chapters of a notable book.The study of administrative law, as a branch of public law, has in recent years obtained increased recognition, and with this has come especial interest in the administrative law of France; for in that country the system has obtained its fullest development. There the evolution has been steady and although it has passed through several stages, is not yet completed. From the beginning of the nineteenth century France has had, for the determination of administrative litigation (the contentieux administratif, as it is termed) a system of special courts separate and distinct from the regular courts of the land. Other countries of continental Europe have more recently established similar courts, it is true, but in none of these is the jurisidiction of such courts as extensive as it is in the administrative courts of the French republic.