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Articles 31 - 60 of 652
Full-Text Articles in Law
Due Process And Administrative Hearings In The Time Of Covid-19: Help, I Need Somebody!, Leslie Birnbaum
Due Process And Administrative Hearings In The Time Of Covid-19: Help, I Need Somebody!, Leslie Birnbaum
Journal of the National Association of Administrative Law Judiciary
The COVID-19 pandemic has caused the reinvention of the administrative hearing process in a virtual or hybrid setting. Since March 2020, administrative forums have experienced continuances, backlogs, and the digital divide. The purpose of this paper is to examine the effects of COVID-19 on procedural due process and administrative hearings, and to address some of the problems and unanswered questions about the new normal. Part I presents background information about the virus and a brief history of pandemics. Part II examines past and present case law, and the NAALJ and National Conference of Administrative Law Judges' national survey. Part III …
One-Shotters Or Have-Nots Should Come Out Ahead In The District Of Columbia’S Private Sector Workers’ Compensation System, But Do They?, Melissa Lin Jones
One-Shotters Or Have-Nots Should Come Out Ahead In The District Of Columbia’S Private Sector Workers’ Compensation System, But Do They?, Melissa Lin Jones
Journal of the National Association of Administrative Law Judiciary
In recognition of the humanitarian purpose of the District of Columbia Workers’ Compensation Act of 1979, D.C. Code as amended, §32-1501 et seq. and the legislative policy favoring awards even in arguable cases, a claimant is entitled to a presumption of compensability (“Presumption”) when applying for workers’ compensation benefits. By establishing a causal connection between the injured worker’s disability and a work-related event, the Presumption enables a claimant to establish entitlement to benefits more easily; however, an analysis of decisions issued by the Compensation Review Board from 2005 – 2019 reveals the Presumption frequently is misapplied. Moreover, contrary to Marc …
Why Proving A Work-Related, Psychological Injury Claim Stresses You Out, Melissa Lin Jones
Why Proving A Work-Related, Psychological Injury Claim Stresses You Out, Melissa Lin Jones
Journal of the National Association of Administrative Law Judiciary
In recognition of the humanitarian purpose of the District of Columbia Workers’ Compensation Act of 1979, D.C. Code as amended, §32-1501 et seq. and the legislative policy favoring awards even in arguable cases, a claimant is entitled to a presumption of compensability (“Presumption”) when applying for workers’ compensation benefits. By establishing a causal connection between the injured worker’s disability and a work-related event, the Presumption enables a claimant to establish entitlement to benefits more easily; however, misapplication of the Presumption makes it more difficult for claimants to prove work-related psychological injuries because they must satisfy additional requirements (including a credibility …
State Laws For Due Process Hearings Under The Individuals With Disabilities Education Act Iii: The Pre-Hearing Stage, Andrew M.I. Lee, Perry A. Zirkel
State Laws For Due Process Hearings Under The Individuals With Disabilities Education Act Iii: The Pre-Hearing Stage, Andrew M.I. Lee, Perry A. Zirkel
Journal of the National Association of Administrative Law Judiciary
This article is the third in a triad of analyses of state law additions to the basic requirements of the Individuals with Disabilities Education Act (IDEA) for due process hearings (DPHs). The first two articles of this series covered the hearing and post-hearing stages of IDEA DPHs. The purpose of this follow-up analysis is to supplement the earlier articles by canvassing state law provisions specific to the pre-hearing stage. After an introduction and overview of the literature, this article covers IDEA foundational requirements for DPHs, and then summarizes and codes the state law provisions that supplement the federal template. As …
The 21st Century Cures Act: A Patient's Miracle Or Demise?, Brittaney N. Edwards
The 21st Century Cures Act: A Patient's Miracle Or Demise?, Brittaney N. Edwards
Journal of the National Association of Administrative Law Judiciary
The 21st Century Cures Act is designed to expedite the FDA’s approval of pharmaceutical and medical device applications in order to increase patient access to innovative therapies. However, many experts claim that the Act’s Title III provisions promote evidentiary “‘shortcuts’” that eviscerate the safety and efficacy standards of the FDA approval process. For new drugs, Title III permits surrogate endpoints and real-world evidence in lieu of more rigorous scientific data. For new medical devices, Title III requires the FDA to exempt certain Class I and II devices from any kind of safety or efficacy evaluation. Moreover, Title III forces the …
New Technology And The Right To Privacy: Do E-Scooters Implicate The Fourth Amendment?, Alexander P. Carroll
New Technology And The Right To Privacy: Do E-Scooters Implicate The Fourth Amendment?, Alexander P. Carroll
Journal of the National Association of Administrative Law Judiciary
The Fourth Amendment protects individual’s right to privacy from unwarranted searches and seizures, but the analysis for when the Fourth Amendment applies has become more complicated as new technology is developed. E-scooters are a new piece of technology which may implicate the Fourth Amendment. Cities across the country are beginning to require the mobility companies which provide e-scooter services to turn over location data in order to receive an operating permit. This article first provides a background of the Fourth Amendment, then provides details regarding the new city regulations. The article includes a discussion of the privacy concerns as well …
The Music Industry: Drowning In The Stream, Jonathan Croskrey
The Music Industry: Drowning In The Stream, Jonathan Croskrey
Journal of the National Association of Administrative Law Judiciary
The Department of Justice is reviewing two of it's oldest consent decrees, which were entered into with ASCAP and BMI. ASCAP and BMI are the two original performing rights organizations and existed well before streaming. This article analyzes copyright and antirust law through the lens of modern technology and the current landscape of the music industry. It examines whether the consent decrees should be removed or modified and what the consequences of each would be.
Pepperdine University School Of Law Legal Summaries, Jessica Linton
Pepperdine University School Of Law Legal Summaries, Jessica Linton
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Table Of Contents And Masthead, Zachary T. Remijas
Table Of Contents And Masthead, Zachary T. Remijas
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Table Of Contents And Masthead, Lauren Jacobs
Table Of Contents And Masthead, Lauren Jacobs
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Pepperdine University School Of Law Legal Summaries, Matthew Rollin, Kelly Vollmer
Pepperdine University School Of Law Legal Summaries, Matthew Rollin, Kelly Vollmer
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Considerations For Closing The Moral And Legal Gap In Public Utility Regulation, E. Nathan Cheung
Considerations For Closing The Moral And Legal Gap In Public Utility Regulation, E. Nathan Cheung
Journal of the National Association of Administrative Law Judiciary
Many public utility commissions were originally created to regulate railroad companies. However, during the transition to the modern era their reach was greatly expanded to encompass the host of now regulated public industries. In more recent times, the role of the public utility commission has further expanded beyond regulation of specific industries to become tools to implement various policy goals and attitudes towards respective industries. Part II of this paper will seek to address different issues that may be encountered by the modern public utility commission. Part III of this paper seeks to present the concept of incentive regulation, which …
State Laws For Due Process Hearings Under The Individuals With Disabilities Education Act Ii: The Post-Hearing Stage, Perry A. Zirkel
State Laws For Due Process Hearings Under The Individuals With Disabilities Education Act Ii: The Post-Hearing Stage, Perry A. Zirkel
Journal of the National Association of Administrative Law Judiciary
A recent issue of this journal contained an article that canvassed state laws that added to the basic requirements of the Individuals with Disabilities Education Act (IDEA) for due process hearings (DPHs). The purpose of this follow-up analysis is to supplement the earlier article by canvassing state law provisions specific to the post-hearing stage of IDEA DPHs. The length is relatively brief because (1) the springboard article on the hearing stage provided the detailed foundation, (2) the scope of the post-hearing stage is much more limited, and (3) the previous literature has largely unexplored this stage. Otherwise in accordance with …
Table Of Contents And Masthead, Lauren Jacobs
Table Of Contents And Masthead, Lauren Jacobs
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Pepperdine University School Of Law Legal Summaries, Matthew Rollin
Pepperdine University School Of Law Legal Summaries, Matthew Rollin
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Stop Punishing Our Kids: How Title Vii Can Protect Children Of Color In Public School’S Discipline Practices, Lizette Rodriguez
Stop Punishing Our Kids: How Title Vii Can Protect Children Of Color In Public School’S Discipline Practices, Lizette Rodriguez
Journal of the National Association of Administrative Law Judiciary
Section I of this comment considers the evolution of education in the United States and how American society dealt with racial discrimination in public schools in the past, and how those facts and decisions differ from the issues that students of color are facing today. Section II explains the Equal Protection Clause (EPC) and analyzes the seminal cases that demonstrate the power of the EPC and when it is appropriate to use it. Section III introduces Title VII and walks through violations of disparate impact discrimination and disparate treatment discrimination. Section IV explains what the Department of Education’s Civil Rights …
Safeguarding Procedures Under The Idea: Restoring The Balance In The Adjudication Of Fape, Perry A. Zirkel
Safeguarding Procedures Under The Idea: Restoring The Balance In The Adjudication Of Fape, Perry A. Zirkel
Journal of the National Association of Administrative Law Judiciary
The article’s purpose is to stimulate IDEA adjudicators, starting with the specialized and significant level of impartial hearing officers, and to restore the enforceable meaning of the procedural requirements of the IDEA. Doing so will provide a more coherent balance with not only the substantive dimension, but also the other decisional dispute resolution mechanisms of the Act. Part I provides an overview of the procedural structure of the IDEA and the Supreme Court’s framework interpretation. Part II traces the subsequent interpretation of the procedural dimension of FAPE, culminating in the codification of the two-part test in the latest IDEA amendments. …
Administrative Law: Whose Job Is It Anyway?, Allison Mather
Administrative Law: Whose Job Is It Anyway?, Allison Mather
Pepperdine Law Review
This Note examines the current state of judicial deference to administrative agencies and suggests modifying the doctrine to better comport with the Constitution. It examines the history of administrative agencies and the rise of judicial deference. The Note explores the present-day applications of judicial deference and analyzes whether the current doctrine is consistent with both its initial underlying policies and the Constitution. Ultimately, judicial deference to administrative agencies raises serious separation of powers concerns and should be modified to remain faithful to the nation’s founding principles.
Disunity Among The United States: Navigating Net-Metering Without Getting Electrocuted, Aundene Szmolyan
Disunity Among The United States: Navigating Net-Metering Without Getting Electrocuted, Aundene Szmolyan
The Journal of Business, Entrepreneurship & the Law
As it stands, the progress towards fighting climate change at the national level is in disarray, and there is a complete disunity of direction and goals at the state level. This paper highlights the disunity by providing a case study of the different regulations, which affect the solar power industry across all fifty states, with a particular focus paid to net metering regulations. Through an examination of this industry, three startling conclusions will emerge. First, investor-owned utilities apply intense political pressure through lobbying efforts to maintain the current status quo of the utility industry’s economic model, which results in the …
2020 Fellowship Topic Announcement, National Association Of Administrative Law Judiciary
2020 Fellowship Topic Announcement, National Association Of Administrative Law Judiciary
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Table Of Contents And Editorial Board, Yoori Chung
Table Of Contents And Editorial Board, Yoori Chung
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Pepperdine University School Of Law Legal Summaries, Analise Nuxoll
Pepperdine University School Of Law Legal Summaries, Analise Nuxoll
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Puff Puff Pass The Legislation: A Comparison Of E-Cigarette Regulations Across Borders, Rachel E. Zarrabi
Puff Puff Pass The Legislation: A Comparison Of E-Cigarette Regulations Across Borders, Rachel E. Zarrabi
Journal of the National Association of Administrative Law Judiciary
This comment explores the types of legislation, approaches to regulating e-cigarettes, and analyzes whether the FDA’s campaign and current regulations are effective. So far, it appears that the United States is ahead of the game with its new, aggressive proposal for regulating e-cigarettes. The FDA is standing against the companies and products that target youthful consumers. Most countries acknowledge the gaps in current scientific research regarding the long-term health risks of vaping, and some are waiting to take a legislative stance until it is clearer which side of the health line e-cigarettes fall. Section II of this comment discusses the …
Beauty Shouldn’T Cause Pain: A Makeover Proposal For The Fda’S Cosmetics Regulation, Lauren Jacobs
Beauty Shouldn’T Cause Pain: A Makeover Proposal For The Fda’S Cosmetics Regulation, Lauren Jacobs
Journal of the National Association of Administrative Law Judiciary
The American cosmetics industry is not required by the Food and Drug Administration (FDA) to conduct pre-market safety assessments of cosmetics. The FDA only reviews personal care products when people voluntarily report problems. Further, companies continue to test animals for cosmetics, despite the FDA’s recommendation that manufacturers seek more humane and accurate testing. Although the FDA does not require animal testing for product safety or premarket approval, the United States is one of the largest users of laboratory animals for product testing. There are two pending pieces of legislation, which if passed would be the first acts of cosmetic regulation …
The Need For A Central Panel Approach To Administrative Adjudication: Pros, Cons, And Selected Practices, Malcolm C. Rich, Alison C. Goldstein
The Need For A Central Panel Approach To Administrative Adjudication: Pros, Cons, And Selected Practices, Malcolm C. Rich, Alison C. Goldstein
Journal of the National Association of Administrative Law Judiciary
The goal of this report is to document the growth of the central panel movement that has now emerged in a majority of states. This research is designed to provide data-informed recommendations to states and municipalities considering the adoption of a central panel system or the enlargement of the jurisdiction encompassed by an existing central panel as well as to states considering the adoption of a more final decision-making authority for their central panel ALJs. The work is also intended to inform the debate over whether the central panel approach is something that the federal government should consider. This research …
Table Of Contents And Editorial Board, Yoori Chung
Table Of Contents And Editorial Board, Yoori Chung
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Pepperdine University School Of Law Legal Summaries, Analise Nuxoll
Pepperdine University School Of Law Legal Summaries, Analise Nuxoll
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Slip Slidin' Away: The Erosion Of Apa Adjudication, William Funk
Slip Slidin' Away: The Erosion Of Apa Adjudication, William Funk
Journal of the National Association of Administrative Law Judiciary
Although the enactment of the Administrative Procedure Act (APA) was intended to establish a uniform set of procedures applicable to adjudications "required by statute to be determined on the record after opportunity for an agency hearing," agencies have long sought to avoid those procedures, and, in particular, Administrative Law Judges, by substituting informal, non-APA adjudications. Over time, the courts have accelerated this substitution through a misapplication of three Supreme Court opinions. This article describes the original understanding of the APA and how that original understanding has been eroded over the years. The article then asks whether this is a problem …
Impartial Hearings Under The Idea: Legal Issues And Answers, Perry A. Zirkel
Impartial Hearings Under The Idea: Legal Issues And Answers, Perry A. Zirkel
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
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 …