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Articles 1 - 30 of 45
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Chevron Deference In The States: Lessons From Three States, Carrie Townsend Ingram
Chevron Deference In The States: Lessons From Three States, Carrie Townsend Ingram
Journal of the National Association of Administrative Law Judiciary
The appointment of Justice Neil Gorsuch to the Supreme Court of the United States has left many wondering if a change to the Chevron doctrine is impending. Justice Gorsuch’s colleague on the Court, Justice Clarence Thomas, shares similar views on Chevron. This article will compare the federal rule to three different states: Indiana, Delaware, and Arizona. Each state has taken a different path in determining that the judiciary should not give deference to an agency’s interpretation of the statutes that it is charged with enforcing. Delaware has affirmatively declared that the Chevron doctrine is not applicable in its state. A …
Is It Safe To Speak Up Now? Evaluating The Expansion Of Whistleblower Protection Act Jurisdiction, Gil Landau
Is It Safe To Speak Up Now? Evaluating The Expansion Of Whistleblower Protection Act Jurisdiction, Gil Landau
Journal of the National Association of Administrative Law Judiciary
Whistleblowers have uncovered billions of dollars of fraud and severe national security threats. Nonetheless, for many years, federal employee whistleblowers faced retaliation and termination. Congress passed the Whistleblower Protection Act (WPA) in an attempt to protect federal employee whistleblowers. But, the exclusive court for WPA appeals, the Federal Circuit, ignored Congressional intent and limited the WPA’s protections. In 2013, Congress responded by creating a five year experiment, known as “all circuit review,” to determine if WPA claims should also be appealable to the regional circuits. Over the past three years, all circuit review has led to modest changes in WPA …
A Look Back: Developing Indiana Law; Post-Bench Reflections Of An Indiana Supreme Court Justice; Selected Developments In Indiana Administrative Law (1989-2012), Frank Sullivan Jr.
A Look Back: Developing Indiana Law; Post-Bench Reflections Of An Indiana Supreme Court Justice; Selected Developments In Indiana Administrative Law (1989-2012), Frank Sullivan Jr.
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Striving For Efficiency In Administrative Litigation: North Carolina's Office Of Administrative Hearings, Julian Mann Iii
Striving For Efficiency In Administrative Litigation: North Carolina's Office Of Administrative Hearings, Julian Mann Iii
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Transparency In Administrative Courts: From The Outside Looking In, Elizabeth Figueroa
Transparency In Administrative Courts: From The Outside Looking In, Elizabeth Figueroa
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Women Of Color In The Judiciary: An American Dream, Charles Z. Smith
Women Of Color In The Judiciary: An American Dream, Charles Z. Smith
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Opening The Floodgates Of Decision-Making At The Missouri Administrative Hearing Commission, Daniel R.E. Jordan
Opening The Floodgates Of Decision-Making At The Missouri Administrative Hearing Commission, Daniel R.E. Jordan
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Florida's Continuing Experiment With The Central Panel Process: The Division Of Administrative Hearings, William R. Dorsey
Florida's Continuing Experiment With The Central Panel Process: The Division Of Administrative Hearings, William R. Dorsey
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Administrative Adjudication Total Quality Management: The Only Way To Reduce Costs And Delays Without Sacrificing Due Process, Edwin L. Felter Jr
Administrative Adjudication Total Quality Management: The Only Way To Reduce Costs And Delays Without Sacrificing Due Process, Edwin L. Felter Jr
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Marco V. Doherty: Forcing An Agency To Play By Its Own Rules: Administrative Res Judicata, Matt Bove
Marco V. Doherty: Forcing An Agency To Play By Its Own Rules: Administrative Res Judicata, Matt Bove
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Many Faces Of High-Volume Administrative Adjudication: Structure, Organization, And Management, Daniel L. Skoler
The Many Faces Of High-Volume Administrative Adjudication: Structure, Organization, And Management, Daniel L. Skoler
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Administrative Law: Working Together For Professionalization - Administrative Law Judges, The Judiciary, And The Community , Elizabeth B. Lacy
Administrative Law: Working Together For Professionalization - Administrative Law Judges, The Judiciary, And The Community , Elizabeth B. Lacy
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Possible Application Of The Rooker-Feldman Doctrine To State Agency Decisions: The Seventh Circuit's Opinion In Van Harken V. City Of Chicago, Rebecca Schmucker
Possible Application Of The Rooker-Feldman Doctrine To State Agency Decisions: The Seventh Circuit's Opinion In Van Harken V. City Of Chicago, Rebecca Schmucker
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Res Judicata: California V. Sims, Alan Saltzman
Res Judicata: California V. Sims, Alan Saltzman
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Primary Jurisdiction And State Courts: A Modern Proposal For Uniformity, William B. Haseltine
Primary Jurisdiction And State Courts: A Modern Proposal For Uniformity, William B. Haseltine
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Managing Your Docket Effectively And Efficiently, Edward J. Schoenbaum
Managing Your Docket Effectively And Efficiently, Edward J. Schoenbaum
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Administrative Procedure Act And The Military Departments, Thomas R. Folk
The Administrative Procedure Act And The Military Departments, Thomas R. Folk
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Impeachment In Administrative Cases, Calvin William Sharpe
Impeachment In Administrative Cases, Calvin William Sharpe
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Sequestering Witnesses: Does The Practice Interfere With Defendants' Constitutional Rights?, Harold Baer Jr.
Sequestering Witnesses: Does The Practice Interfere With Defendants' Constitutional Rights?, Harold Baer Jr.
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Naalj Affiliates With The National Center For The State Courts: Agreement, Margaret Giovanniello, Keith L. Bumsted
Naalj Affiliates With The National Center For The State Courts: Agreement, Margaret Giovanniello, Keith L. Bumsted
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Federal Court Interpretation Of Attorney's Fees Provision Of Equal Access To Justice Act As It Applies To Hearings Of The United States Department Of Agriculture: United States Department Of Agriculture V. Lane, Tamara Carnovsky
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
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.
Deferential Review Of An Administrative Agency's Decision In Federal District Court: International College Of Surgeons V. City Of Chicago , Karen L. Vinzant
Deferential Review Of An Administrative Agency's Decision In Federal District Court: International College Of Surgeons V. City Of Chicago , Karen L. Vinzant
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.
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.
A Specialized Court For Social Security? A Critique Of Recent Proposals, Robert E. Rains
A Specialized Court For Social Security? A Critique Of Recent Proposals, Robert E. Rains
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.
Geier V. American Honda Motor Company, Inc. Has The Supreme Court Extended The Pre-Emption Doctrine Too Far?, Joseph Mulherin
Geier V. American Honda Motor Company, Inc. Has The Supreme Court Extended The Pre-Emption Doctrine Too Far?, Joseph Mulherin
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Christensen V. Harris County: Pumping Chevron For All It's Worth - Defining The Limits Of Chevron Deference, Naaman Asir Fiola
Christensen V. Harris County: Pumping Chevron For All It's Worth - Defining The Limits Of Chevron Deference, Naaman Asir Fiola
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Judicial Fitness For Review Of Complex Biotechnology Issues In Patent Litigation: Technical Claim Interpretation, Megan E. Lyman
Judicial Fitness For Review Of Complex Biotechnology Issues In Patent Litigation: Technical Claim Interpretation, Megan E. Lyman
Journal of the National Association of Administrative Law Judiciary
No abstract provided.