SUMMARY / RELATED TOPICS

Administrative law

Administrative law is the body of law that governs the activities of administrative agencies of government. Government agency action can include rule making, adjudication, or the enforcement of a specific regulatory agenda. Administrative law is considered a branch of public law. Administrative law deals with the decision-making of such administrative units of government as tribunals, boards or commissions that are part of a national regulatory scheme in such areas as police law, international trade, the environment, broadcasting and transport. Administrative law expanded during the twentieth century, as legislative bodies worldwide created more government agencies to regulate the social and political spheres of human interaction. Civil law countries have specialized administrative courts that review these decisions. Unlike most common-law jurisdictions, the majority of civil law jurisdictions have specialized courts or sections to deal with administrative cases which, as a rule, will apply procedural rules designed for such cases and distinct from those applied in private-law proceedings, such as contract or tort claims.

In Brazil, administrative cases are heard either by the Federal Courts or by the Public Treasury divisions of State Courts. In 1998, a constitutional reform, led by the government of President Fernando Henrique Cardoso, introduced regulatory agencies as a part of the executive branch. Since 1988, Brazilian administrative law has been influenced by the judicial interpretations of the constitutional principles of public administration: legality, publicity of administrative acts and efficiency. In Chile the President of the Republic exercises the administrative function, in collaboration with several Ministries or other authorities with ministerial rank; each Ministry has one or more under-secretary that performs through public services the actual satisfaction of public needs. There is not a single specialized court to deal with actions against the Administrative entities, but instead there are several specialized courts and procedures of review. In France, most claims against the national or local governments as well as claims against private bodies providing public services are handled by administrative courts, which use the Conseil d'État as a court of last resort for both ordinary and special courts.

The main administrative courts are the tribunaux administratifs and appeal courts are the cours administratives d'appel. Special administrative courts include the National Court of Asylum Right as well as military and judicial disciplinary bodies; the French body of administrative law is called "droit administratif". Over the course of their history, France's administrative courts have developed an extensive and coherent case law and legal doctrine before similar concepts were enshrined in constitutional and legal texts; these principes include: Right to fair trial, including for internal disciplinary bodies Right to challenge any administrative decision before an administrative court Equal treatment of public service users Equal access to government employment without regard for political opinions Freedom of association Right to Entrepreneurship Right to Legal certainty French administrative law, the founder of Continental administrative law, has a strong influence on administrative laws in several other countries such as Belgium, Greece and Tunisia.

In Germany administrative law is called "Verwaltungsrecht", which rules the relationship between authorities and the citizens. It establishes citizens' obligations against the authorities, it is a part of the public law, which deals with the organization, the tasks and the acting of the public administration. It contains rules, regulations and decisions created by and related to administrative agencies, such as federal agencies, federal state authorities, urban administrations, but admission offices and fiscal authorities etc. Administrative law in Germany follows three basic principles. Principle of the legality of the authority, which means that there is no acting against the law and no acting without a law. Principle of legal security, which includes a principle of legal certainty and the principle of nonretroactivity Principle of proportionality, which says that an act of an authority has to be suitable and appropriateAdministrative law in Germany can be divided into general administrative law and special administrative law.

The general administration law is ruled in the administrative procedures law. Other legal sources are the Rules of the Administrative Courts, the social security code and the general fiscal law; the Verwaltungsverfahrensgesetz, enacted in 1977, regulates the main administrative procedures of the federal government. It serves the purpose to ensure a treatment in accordance with the rule of law by the public authority. Furthermore, it contains the regulations for mass processes and expands the legal protection against the authorities; the VwVfG applies for the entire public administrative activities of federal agencies as well as federal state au

Alfons Bühl

Alfons Bühl was a German physicist. From 1934 to 1945, he was director of the physics department at the Technische Hochschule Karlsruhe. From 1919 to 1925, Bühl studied physics at the Friedrich-Wilhelms-Universität and the Ruprecht-Karls-Universität Heidelberg, he received his doctorate in 1925 under the Nobel Laureate Philipp Lenard at Heidelberg and was a teaching assistant to Lenard. In 1928, Bühl became a teaching assistant at the Albert-Ludwigs-Universität Freiburg and from 1929 was a Privatdozent there in physics. From 1931 to 1933, he had a lectureship in the physics department at the Eidgenössische Technische Hochschule Zürich. In 1934, he replaced Wolfgang Gaede as director of the physics department at the Technische Hochschule Karlsruhe. In 1936, Bühl was an untenured ausserordentlicher Professor and from 1937 to 1945 an ordentlicher Professor at the Technische Hochschule Karlsruhe. Bühl was a physics advisor to the Nationalsozialistischer Deutscher Dozentenbund. In 1940, Bühl attended the historic meeting known as the Münchner Religionsgespräche confronting the Deutsche Physik movement.

When Adolf Hitler became Chancellor of Germany on 30 January 1933, the concept of Deutsche Physik took on more favor and fervor. Deutsche Physik was anti-Semitic and anti-theoretical physics including modern physics, i.e. quantum mechanics. As applied in the university environment, political factors took priority over the applied concept of scholarly ability though its two most prominent supporters were Nobel Laureates Philipp Lenard and Johannes Stark. During the period in which Deutsche Physik was gaining prominence, a foremost concern of the great majority of scientists was to maintain autonomy against political encroachment; some of the more established scientists, such as Max von Laue, could demonstrate more autonomy than the younger and less established scientists. This was, in part, due to political organizations, such as the NSDDB, whose district leaders had a decisive role in the acceptance of an Habilitationsschrift, a prerequisite to attaining the rank of Privatdozent necessary to becoming a university lecturer.

While some with ability joined such organizations out of tactical career considerations, others with ability and adherence to historical academic standards joined these organizations to moderate their activities. This was the case of Wolfgang Finkelnburg, it was in the summer of 1940 that Finkelnburg became an acting director of the NSDDB at Technische Hochschule Darmstadt. As such, he organized the Münchner Religionsgespräche, which took place on 15 November 1940 and was known as the “Munich Synod.” The Münchner Religionsgespräche was an offensive against Deutsche Physik. Finkelnburg invited five representatives to make arguments for theoretical physics and academic decisions based on ability rather than politics: Carl Friedrich von Weizsäcker, Otto Scherzer, Georg Joos, Otto Heckmann, Hans Kopfermann. Alfons Bühl, a supporter of Deutsche Physik, invited Harald Volkmann, Bruno Thüring, Wilhelm Müller, Rudolf Tomaschek, Ludwig Wesch; the discussion was led with Herbert Arthur Stuart and Johannes Malsch as observers.

While the technical outcome may have been thin, it was a political victory against Deutsche Physik. Alfons Bühl Über die elektrische Doppelschicht an der Oberfläche von Quecksilber, Annalen der Physik, Volume 385, Issue 10, pp. 137–180 Alfons Bühl Über wasserfallelektrische Wirkung an Lösungen ein-einwertiger Elektrolyte, Annalen der Physik, Volume 388, Issue 16, pp. 1207–1224 Alfons Bühl Wasserfallelektrische Wirkung im Vakuum, Annalen der Physik, Volume 395, Issue 7, pp. 978–992 Alfons Bühl Philipp Lenard und die deutsche Naturforschung in Rudolf G. Weigel Philipp Lenard, der Vorkämpfer der Deutschen Physik Karlsruhe, Müller, as cited in Hentschel and Hentschel, 1996, page XCII, reference #920. Beyerchen, Alan D. Scientists Under Hitler: Politics and the Physics Community in the Third Reich ISBN 0-300-01830-4 Hentschel and Ann M. Hentschel Physics and National Socialism: An Anthology of Primary Sources Hoffmann, Dieter Between Autonomy and Accommodation: The German Physical Society during the Third Reich, Physics in Perspective 7 293-329

Archibald R. Murray

Archibald R. Murray was an American lawyer born in Barbados on August 25, 1933, he immigrated to the United States in 1950, earning his Bachelor's degree from Howard University in 1954 and the Bachelor of Laws degree from Fordham University School of Law in 1960. Upon graduation from law school he became an assistant district attorney in New York County. In 1962, he became assistant counsel to Gov. Nelson A. Rockefeller of New York. From 1965 to 1967, he was in private practice in New York City became counsel to the New York State Crime Control Council until 1971. Murray served as Commissioner of the State of New York's Division of Criminal Justice Services from 1972 to 1974. On January 1, 1975, he began a lengthy career at The Legal Aid Society, serving from 1975 to 1994 as Attorney-in-Chief and Executive Director, as Chairman of the Board until 1998. Murray was said to have "helped to raise the standard of the free legal advice provided for poor and indigent defendants facing criminal charges in New York City."Murray was the first African-American president of the New York State Bar Association and the second African-American chairman of the executive committee of the New York City Bar Association.

He died on September 16, 2001, in New York City, survived by his wife of 40 years, Kay Crawford Murray. During his lifetime, Murray was awarded honorary Doctor of Laws degrees from New York Law School, John Jay College of Criminal Justice, Fordham University. Murray's alma mater, Fordham University School of Law, has established both an Archibald R. Murray Public Service Award and an Archibald R. Murray Professorship; the former is awarded to students in the graduating class of the law school who have devoted 50 or more hours to pro bono and/or community service work during their years as Fordham law students. Those graduates completing 250–499 hours receive the cum laude Murray Award, those completing 500–999 hours the magna cum laude Murray Award, students completing 1000+ hours receive the summa cum laude Murray Award; the text of the award reads, "in grateful acknowledgment of your response to the call of public need as exemplified by Archibald R. Murray, Class of 1960, whose career embodies the highest standards of public service."

As of Fall 2017, the Fordham University School of Law Archibald R. Murray Professorship was held by Tanya K. Hernández. In 2007, The Legal Aid Society announced the creation of the Archibald R. Murray Memorial Fund for Law Student Loan Forgiveness "to honor the memory of Arch Murray and celebrate his many accomplishments that helped to provide quality legal services for low-income New Yorkers." In April 1974, while serving as Commissioner at the Division of Criminal Justice Services, Murray authored a memorandum addressed to the Office of Governor Malcolm Wilson opposing the signing of a bill, Assembly Bill No. 8667-A, that made mere possession of "chuka sticks" or nunchaku a crime without any criminal intent by the possessor. Murray noted in the memo that nunchaku are used in karate and other martial arts training and that, "in view of the current interest and participation in these activities by many members of the public, it appears unreasonable--and even unconstitutional--to prohibit those who have a legitimate reason for possessing chuka sticks from doing so."

On December 14, 2018, Murray's vision was given real-world application: the United States District Court for the Eastern District of New York struck down New York's nunchaku prohibitions as unconstitutional. In December 1974, after it was announced that Murray had been chosen to run The Legal Aid Society, the president of the union that represented most of its staff lawyers had expressed reservations about Murray's suitability because in his prior office he had supported the Rockefeller drug laws and mandatory sentencing, Murray was directly quoted in the New York Times as having responded: "As a lawyer, I see nothing difficult in arguing a case in which you are on one side today and the other side tomorrow."In September 1982, in an article in New York magazine about the challenges being faced by The Legal Aid Society, Murray was directly quoted as saying: "As soon as people became afraid of crime, they began to lose their balance and forget that defendants have rights, too."In October 1994, in the wake of Mayor Rudy Giuliani's decision to terminate New York City's contract with The Legal Aid Society, Murray sent a letter to the City's Corporation Counsel, Paul A. Crotty, arguing that Giuliani had no legal basis for terminating the contract.

In the letter, Murray pointed out that, during a brief strike by Legal Aid Society staff lawyers earlier that month, Legal Aid Society supervisors had handled civil and criminal cases so that "no chaos or gridlock resulted in the courts."