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Full-Text Articles in Law
Administrative Adjudication In The United States, James G. Gilbert, Robert S. Cohen
Administrative Adjudication In The United States, James G. Gilbert, Robert S. Cohen
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
To Waive Or Not To Waive? Filing Deadlines And Hearing Requests In Administrative Adjudications, Alice Booher Johnson
To Waive Or Not To Waive? Filing Deadlines And Hearing Requests In Administrative Adjudications, Alice Booher Johnson
Journal of the National Association of Administrative Law Judiciary
In Part II of this Article, I provide an overview of subject matter jurisdiction in relation to filing timeframes. I review the distinction between original and appellate jurisdiction using Maryland case law and a sample survey of other state case law to provide background to the question of filing deadlines and hearing requests in administrative adjudications. In Part III of this Article, I elaborate upon Supreme Court precedent on administrative filing deadlines. In Part IV of this Article, I analyze the nature of filing deadlines for hearing requests before various state agencies, with an emphasis on Maryland’s scheme. The case …
Are The Outcomes Of Hearing (And Review) Officer Decisions Different For Pro Se And Represented Parents?, Perry A. Zirkel
Are The Outcomes Of Hearing (And Review) Officer Decisions Different For Pro Se And Represented Parents?, Perry A. Zirkel
Journal of the National Association of Administrative Law Judiciary
The Individuals with Disabilities Education Act (IDEA) provides states with the option of having one or two tiers of administrative adjudication prior to the judicial level of dispute resolution. Although the numbers of states that have only a hearing officer level and those that additionally have a second tier, i.e., review officer level, have fluctuated, the net direction and overall balance has been clearly in favor of a one-tier system. Although originally established as a relatively informal and expedited means of adjudication in comparison to the courts, these administrative levels have become increasingly legalized. Given the costs of legal representation …
Fundamental Fairness, Judicial Efficiency And Uniformity: Revisiting The Administrative Procedure Act, Daniel F. Solomon
Fundamental Fairness, Judicial Efficiency And Uniformity: Revisiting The Administrative Procedure Act, Daniel F. Solomon
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.
Evaluation Of Administrative Law Judges: Premises, Means, And Ends, Ann Marshall Young
Evaluation Of Administrative Law Judges: Premises, Means, And Ends, Ann Marshall Young
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Adapting The Central Panel System: A Study Of Seven States, Malcolm Rich
Adapting The Central Panel System: A Study Of Seven States, Malcolm Rich
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
A Reflection On The Future Of Administrative Adjudication As Seen From An Examination Of The Status Of Social Security Disability Adjudications, Delois Toins Leapheart
A Reflection On The Future Of Administrative Adjudication As Seen From An Examination Of The Status Of Social Security Disability Adjudications, Delois Toins Leapheart
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Legislative And Administrative Courts: Northern Pipeline And Related Developments In Federal Constitutional Law, Gerard J. Rehel Jr
Legislative And Administrative Courts: Northern Pipeline And Related Developments In Federal Constitutional Law, Gerard J. Rehel Jr
Journal of the National Association of Administrative Law Judiciary
This paper reviews the Supreme Court's decision in Northern Pipeline, emphasizing the analysis of Justice Brennan's plurality opinion, and then applies this analysis to the Federal Magistrates Act. In particular, attention will be given to decisions of the U.S. Courts of Appeals, holding delegation to Federal Magistrates constitutional. The paper then distinguishes administrative agency adjudication from adjudication under the Federal Magistrates Act. Finally, the Northern Pipeline analysis is applied to administrative adjudication and compulsory arbitration. Arbitration provisions under the Railway Labor Act, the Federal Insecticide, Fungicide, Rodenticide Act, and the Employee Retirement Income Security Act will be discussed. The paper …
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.
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.
Master Or Chancellor? The Workers' Compensation Judge And Adjudicatory Power, David B. Torrey
Master Or Chancellor? The Workers' Compensation Judge And Adjudicatory Power, David B. Torrey
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Murky Immigration Law And The Challenges Facing Immigration Removal And Benefits Adjudication, Jill E. Family
Murky Immigration Law And The Challenges Facing Immigration Removal And Benefits Adjudication, Jill E. Family
Journal of the National Association of Administrative Law Judiciary
Immigration adjudication is more diverse than it may seem. Scholars tend to focus on one aspect of administrative immigration adjudication, the decision-making process established to determine whether an individual may be removed (deported) from the United States. But there is a whole other function of administrative immigration adjudication that relatively is ignored in the legal literature. Immigration adjudicators are also tasked with determining whether to grant immigration benefits, such as whether to grant lawful permanent resident (green card) status. Both types of administrative immigration adjudication, removal and benefits, are in crisis. This article explores the challenges facing each and argues …