Judicialization of Administrative Law: The Trial-Type Hearing and the Changing Status of the Hearing Officer

The judicialization of the administrative process, a phenomenon largely taken for granted by both lawyers and the general public in contemporary America, is probably one of the most mysterious, yet significant, features of American government. It is significant because of its increasingly recognized cost and because of the dominant role which it assigns to lawyers. It is mysterious because of the fragile constitutional underpinnings upon which the judicialization was originally based, and because of its remarkable endurance and growth

Symposium Foreword

The magnitude of the role which constitutional law plays in keeping the United States the mighty and productive nation that it is cannot be overestimated. In a very serious sense, constitutional law, and its uniquely American corollary, judicial review, are the tender threads upon which the whole awesome political venture, initiated only some 200 years ago, depends. Those of us who work in other vineyards tend to forget, or, even worse, to take for granted, the constitutional processes upon which we all so heavily depend. That is why a symposium such as this is of such value. It helps to remind all lawyers-not just those who happen to teach and work in the area of constitutional law-how important these constitutional processes are to each one of us. It also gives us a helpful report on the present condition of that universe; a prognosis about changes which may result from the inevitable social, political, philosophical, and ideological shifts which our society continually undergoes; and, finally, some observations about how these changes may affect society as we know it today

Wrongful Death

The Article analyzes the history and development of the wrongful death cause of action, and comments on the current state of wrongful death cases and some problems that arise in this type of case

Elotchaway, East Florida, 1814

In 1811, when war clouds between the United States and Great Britain were gathering, the United States sent commissioners to Spanish Florida seeking a temporary cession to prevent its occupancy by the British in case of war. As might be expected Spain would not consent to such an arrangement, whereupon General George Mathews, representing the United States government in this negotiation, devised a plan to bring about a cession through the medium of a revolution of the inhabitants of East Florida, who would be assisted by residents of Georgia and by the regular armed forces of the United States. Such an occurrence actually took place in East Florida, and from March, 1812, to May, 1813, United States troops held possession of the province, except the fortified town of St. Augustine. The incident is known in history as the Patriot invasion, as the revolutionists called themselves “Patriots” in the cause of freedom. They organized the “Territory of East Florida,” with John H. McIntosh Director; Daniel S. Delany, Secretary of State ; and B. Harris, President of the Legislative Council