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Articles 31 - 60 of 157
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Agency Determination Concerning Delegation Of Sovereign's Pipeline Eminent Domain Power To Public Utility Interstate Pipeline Based Upon "Public Need" Comports With Dormant Commerce Clause: Substantial Evidence Review Applied To Public Need Determination: Lakehead Pipeline Company V. Illinois Commerce Commission, S. Ellyn Farley
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Judges In The Executive Branch And Judges In The Judicial Branch: Similar, Yet Distinct, Thomas G. Welshko
Judges In The Executive Branch And Judges In The Judicial Branch: Similar, Yet Distinct, Thomas G. Welshko
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Panel Discussion On Independence And The Federal Alj, Arthur Fried, Ronald G. Bernoski
Panel Discussion On Independence And The Federal Alj, Arthur Fried, Ronald G. Bernoski
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Toward Heightening Impartiality In Social Security Agency Proceedings Involving Administrative Law Judges , Victor G. Rosenblum
Toward Heightening Impartiality In Social Security Agency Proceedings Involving Administrative Law Judges , Victor G. Rosenblum
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Similarities And Differences Between Judges In The Judicial Branch And The Executive Branch: The Further Evolution Of Executive Adjudications Under The Administrative Central Panel, Christopher B. Mcneil
Similarities And Differences Between Judges In The Judicial Branch And The Executive Branch: The Further Evolution Of Executive Adjudications Under The Administrative Central Panel, Christopher B. Mcneil
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Managed Care Grievance Procedures: The Dilemma And The Cure , Joyce Krutick Craig
Managed Care Grievance Procedures: The Dilemma And The Cure , Joyce Krutick Craig
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Public Access To Physician And Attorney Disciplinary Proceedings, Michael Spake
Public Access To Physician And Attorney Disciplinary Proceedings, Michael Spake
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
October Term, 1999: The Supreme Court's Last Term Of The Twentieth Century, Increasing Deference To Administrative Agencies , Allen E. Shoenberger
October Term, 1999: The Supreme Court's Last Term Of The Twentieth Century, Increasing Deference To Administrative Agencies , Allen E. Shoenberger
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Striking A Balance: The Conflict Between Safety And Due Process Rights - The Practical Implications Of Zadvydas V. Davis, Alicia Brown
Striking A Balance: The Conflict Between Safety And Due Process Rights - The Practical Implications Of Zadvydas V. Davis, Alicia Brown
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Bush V. Gore: What Happened, And What Does The Supreme Court's New Equal Protection Standard Mean For State Election Officials?, Michael Louis Newman
Bush V. Gore: What Happened, And What Does The Supreme Court's New Equal Protection Standard Mean For State Election Officials?, Michael Louis Newman
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Impact Of Adverse Inferences In Administrative Hearings, John M. Priester
The Impact Of Adverse Inferences In Administrative Hearings, John M. Priester
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Breaking Terror's Bank Without Breaking The Law: A Comment On The Usa Patriot Act And The United States Financial War On Terrorism , Carrie L. Folendorf
Breaking Terror's Bank Without Breaking The Law: A Comment On The Usa Patriot Act And The United States Financial War On Terrorism , Carrie L. Folendorf
Journal of the National Association of Administrative Law Judiciary
This comment will discuss the effect of abandoning our Constitution in times of crisis by discussing how Executive Order 13,224 and the USA PATRIOT Act infringe upon our fundamental First Amendment freedoms of association, and how they violate the Due Process Clause of the Fifth Amendment by withholding notice and the opportunity to be heard. Part II will outline legislation which demonstrates how the United States has historically dealt with freezing the assets of designated terrorists, and will include a discussion of the provisions in the Anti-Terrorism and Effective Death Penalty Act of 1996 (AEDPA) and the USA PATRIOT Act …
Connecticut Department Of Public Safety V. Doe: The Supreme Court's Clarification Of Whether Sex Offender Registration And Notification Laws Violate Convicted Sex Offenders' Right To Procedural Due Process, Gabriel Baldwin
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Agencies And The Arts: The Dilemma Of Subsidizing Expression, Jennifer Weatherup
Agencies And The Arts: The Dilemma Of Subsidizing Expression, Jennifer Weatherup
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Balancing Administrative Efficiency And Fairness: Restrictions On Local Hearings Advisors Post-Nightlife Partners, Ltd. V. City Of Beverly Hills , Kelli Shope
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Muzzling And Caging Administrative Law Judges: The Social Security Administration Attempts To Control Its Most "Notorious" Employees, Allen E. Shoenberger
Muzzling And Caging Administrative Law Judges: The Social Security Administration Attempts To Control Its Most "Notorious" Employees, Allen E. Shoenberger
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
S!*T, P*@S, C*^T, F*#K, C*@!S*&!Er, M*!#$*@!*#^R, T*!S - The Fcc's Crackdown On Indecency, Lindsay Weiss
S!*T, P*@S, C*^T, F*#K, C*@!S*&!Er, M*!#$*@!*#^R, T*!S - The Fcc's Crackdown On Indecency, Lindsay Weiss
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Question Of Constitutionality: How Separate Are The Powers? The Administrative And Social Ramifications Of Lockyer V. City And County Of San Francisco, Kristin Ecklund
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Uncle Sam And The Partitioning Punitive Problem: A Federal Split-Recovery Statute Or A Federal Tax?, Skyler M. Sanders
Uncle Sam And The Partitioning Punitive Problem: A Federal Split-Recovery Statute Or A Federal Tax?, Skyler M. Sanders
Pepperdine Law Review
It is no secret that the doctrine of punitive damages has had a storied past in American jurisprudence, yet it has remained an integral part of both federal and state courts throughout the country. Most, if not all, attempts to restrict punitive damage awards have failed due to the over-inclusive or under-inclusive nature of the remedial measures; however, split-recovery statutes—another punitive damage regulatory tool—have been touted as striking a proper balance between limiting plaintiff windfalls while still punishing and deterring defendants. Even so, such statutes have been meet with vigorous constitutional criticism and fail to curtail punitive damage awards for …
Defining The Lifeblood: The Search For A Sensible Ministerial Exception Test, Summer E. Allen
Defining The Lifeblood: The Search For A Sensible Ministerial Exception Test, Summer E. Allen
Pepperdine Law Review
Over the past 40 years, the circuit courts have acknowledged a ministerial exception to Title VII and other anti-discrimination laws that gives churches the freedom to determine who serves in ministerial roles as a voice of a church’s faith. In January of 2012, the Supreme Court officially adopted the exception into its jurisprudence. The opinion, however, left many questions unanswered. Mainly, the decision failed to give any guidance to lower courts regarding who is and who is not a minister. This article traces the history of the ministerial exception and the church autonomy doctrine back to the Religion Clauses in …
Executive Action And The First Amendment's First Word, Daniel J. Hemel
Executive Action And The First Amendment's First Word, Daniel J. Hemel
Pepperdine Law Review
In recent years, textualist scholars have advanced the argument that the First Amendment only applies to legislative action, and thus that executive authority is unencumbered by the First Amendment’s prohibitions. According to this argument, the words “Congress shall make no law” cannot be construed to limit the powers of the executive branch. Upon first glance, it might seem that a textualist reading of the First Amendment’s first word would give the executive branch carte blanche in the regulation of religion, expression, and association. Yet as this Article seeks to show, a textualist reading of the First Amendment’s first word does …
Clark V. Martinez: Striking A Balance Between United States Security And Due Process Rights Of Illegal Immigrants, Michelle Mitsuye Shimasaki
Clark V. Martinez: Striking A Balance Between United States Security And Due Process Rights Of Illegal Immigrants, Michelle Mitsuye Shimasaki
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
When Administrative Law Judges Rule The World: Wooley V. State Farm - Does A Denial Of Agency-Initiated Judicial Review Of Alj Final Orders Violate The Constitutional Doctrine Of Separation Of Powers?, April Rolen-Ogden
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Bates V. Dow Agrosciences: Overcoming Federal Preemption And Giving The People A Voice , Kim Ly
Bates V. Dow Agrosciences: Overcoming Federal Preemption And Giving The People A Voice , Kim Ly
Journal of the National Association of Administrative Law Judiciary
This note explores the U.S. Supreme Court's ruling in Bates v. Dow Agrosciences LLC. Part II discusses the historical background and procedural history of the case. Part III lays out the facts of the Bates case. Part IV analyzes the majority opinion given by Justice Stevens and Justice Breyer's concurring opinion, and the opinion of Justice Thomas, concurring in part and dissenting in part. Part V considers Bates's judicial, legislative and administrative impact. Part VI concludes the discussion of the Bates decision.
Napa To New York With The Click Of A Mouse: The Dormant Commerce Clause And The Direct Shipment Of Wine To Consumers As Discussed In Granholm V. Heald , Shirlene Love
Journal of the National Association of Administrative Law Judiciary
This case note examines the U.S. Supreme Court's decision in Granholm v Heald. Part II will explore the history of the Dormant Commerce Clause and Twenty-First Amendment; Part III will present the facts of the case; Part IV will discuss and analyze the majority and two dissenting opinions; Part V will speculate about the future impact of this decision; and Part VI will conclude.
Redressing The Balance: An Examination Of The Scope First Amendment Protections, Prosecutorial Discretion, And Probable Cause In The Wake Of Hartman V. Moore, Anjoli Terhune
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Active Bar Membership October 15, 2007 Federal Administrative Law Judges: A Critique Of The "Active" Bar Membership Regulation , David J. Agatstein
Active Bar Membership October 15, 2007 Federal Administrative Law Judges: A Critique Of The "Active" Bar Membership Regulation , David J. Agatstein
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Due Process; A Detached Judge; And Enemy Combatants, Julian Mann Iii
Due Process; A Detached Judge; And Enemy Combatants, Julian Mann Iii
Journal of the National Association of Administrative Law Judiciary
In the landmark administrative law decision of Goldberg v. Kelly, Justice Brennan stated that an “impartial decision maker is essential” to procedural due process. As a corollary, in the more recent decision of Hamdi v. Rumsfeld, Justice O'Connor stated that “due process requires a neutral and a detached judge in the first instance.” Thus, the due process clauses of the Fifth and Fourteenth Amendments to the U.S. Constitution require that the essential element of neutrality remain an integral part of any administrative hearing. There can be no departure from this fundamental guarantee of constitutional due process for the administrative hearings …
"Yes, We Can" Grant Guantánamo Detainees Habeas Corpus Rights, In Boumediene V. Bush, Sarah Christian
"Yes, We Can" Grant Guantánamo Detainees Habeas Corpus Rights, In Boumediene V. Bush, Sarah Christian
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
What Is "(Im)Partial Enough" In A World Of Embedded Neutrals, Nancy A. Welsh
What Is "(Im)Partial Enough" In A World Of Embedded Neutrals, Nancy A. Welsh
Journal of the National Association of Administrative Law Judiciary
No abstract provided.