NOTES A JUDICIAL PROCESS STUDY OF THE] REVIEW OF LICENSING DECISIONS OF THE PEiNNSYLVANIA LIQUOR CONTROL BOARD

Effective judicial review of administrative determinations depends on both legislative direction and judicial discretion. The review processes of state appellate courts, unlike their federal counterparts, have only infrequently been intensely scrutinized. In a small effort to fill this gap, this Note will analyze, as an example, the Pennsylvania judiciary's review of the Pennsylvania Liquor Control Board's (PLCB) licensing decisions. 2 The following questions suggest the nature of the inquiry. Do the Pennsylvania courts properly defer to statutory allocations of discretionary power to the board? Have they developed consistent principles to govern similar substantive and scope of review problems? To what extent do the courts give effect to policy considerations basic to the Pennsylvania Liquor Code? Attention will be given to the way in which the courts use authorities. Observations will also be made concerning the effectiveness of present channels for review of board determinations, including the Pennsylvania Supreme Court's selection and disposition of cases under its discretionary allocatur jurisdiction.n Although criticism of the substantive law is an inevitable by-product, the primary intent is to study judicial method. I. THE LEGISLATIVE FRAMEWORK