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Articles 1 - 15 of 15

Full-Text Articles in Law

You're Fired: Why The Alj Multi-Track Dual Removal Provisions Violate The Constitution And Possible Fixes, Linda Jellum Jan 2019

You're Fired: Why The Alj Multi-Track Dual Removal Provisions Violate The Constitution And Possible Fixes, Linda Jellum

Articles

No abstract provided.


Research Report On Federal Agency Alj Hiring After Lucia And Executive Order 13843, Jack M. Beermann Jan 2019

Research Report On Federal Agency Alj Hiring After Lucia And Executive Order 13843, Jack M. Beermann

Faculty Scholarship

This draft report examines federal agency hiring practices for administrative law judges ("ALJs"), who preside over formal agency hearings, in light of the Supreme Court's determination that ALJs are constitutional officers and President Trump's executive order to exempt ALJs from certain statutory competitive-service hiring requirements. The report also provides recommendations for best agency hiring practices. Professors Jack Beermann and Jennifer Mascott co-authored this initial draft report. After Professor Mascott stepped down from the Administrative Conference of the United States to work in the Department of Justice's Office of Legal Counsel, Professor Beermann edited the report and produced its final May …


Sg's Brief In Lucia Could Portend The End Of The Alj Program As We Have Known It, Jeffrey Lubbers Jan 2018

Sg's Brief In Lucia Could Portend The End Of The Alj Program As We Have Known It, Jeffrey Lubbers

Articles in Law Reviews & Other Academic Journals

No abstract provided.


The Shadow Of Free Enterprise: The Unconstitutionality Of The Securities & Exchange Commission's Administrative Law Judges, Linda Jellum Jan 2017

The Shadow Of Free Enterprise: The Unconstitutionality Of The Securities & Exchange Commission's Administrative Law Judges, Linda Jellum

Articles

Six years ago, Congress enacted the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act), for the first time giving the Securities and Exchange Commission (SEC) the power to seek monetary penalties through its in-house adjudication. The SEC already had the power to seek such penalties in federal court. With the Dodd-Frank Act, the SEC's enforcement division could now choose between an adjudication before an SEC Administrative Law Judge (ALJ) or a civil action before an Article III judge. With this new choice, the SEC realized a significant home-court advantage. For example, in 2014, the SEC's enforcement division prevailed …


Administrative Judges' Role In Developing Social Policy, Charles H. Koch Jr. Jul 2008

Administrative Judges' Role In Developing Social Policy, Charles H. Koch Jr.

Faculty Publications

No abstract provided.


The Administrative Judiciary's Independence Myth, James E. Moliterno Apr 2007

The Administrative Judiciary's Independence Myth, James E. Moliterno

Faculty Publications

No abstract provided.


The Administrative Judiciary's Independence Myth, James E. Moliterno Jan 2006

The Administrative Judiciary's Independence Myth, James E. Moliterno

Faculty Publications

No abstract provided.


Policymaking By The Administrative Judiciary, Charles H. Koch Jr. Apr 2005

Policymaking By The Administrative Judiciary, Charles H. Koch Jr.

Faculty Publications

No abstract provided.


Policymaking By The Administrative Judiciary, Charles H. Koch Jr. Apr 2005

Policymaking By The Administrative Judiciary, Charles H. Koch Jr.

Faculty Publications

No abstract provided.


Administrative Presiding Officials Today, Charles H. Koch Jr. Jul 1994

Administrative Presiding Officials Today, Charles H. Koch Jr.

Faculty Publications

No abstract provided.


The Federal Administrative Judiciary: Establishing An Appropriate System Of Performance Evaluation For Alj's, Jeffrey Lubbers Jan 1993

The Federal Administrative Judiciary: Establishing An Appropriate System Of Performance Evaluation For Alj's, Jeffrey Lubbers

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Reflections Upon The Federal Administrative Judiciary, Paul R. Verkuil Jan 1992

Reflections Upon The Federal Administrative Judiciary, Paul R. Verkuil

Faculty Publications

No abstract provided.


Federal Agency Adjudications: Trying To See The Forest And The Trees, Jeffrey Lubbers Jan 1984

Federal Agency Adjudications: Trying To See The Forest And The Trees, Jeffrey Lubbers

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Federal Administrative Law Judges: A Focus On Our Invisible Juridicary, Jeffrey Lubbers Jan 1981

Federal Administrative Law Judges: A Focus On Our Invisible Juridicary, Jeffrey Lubbers

Articles in Law Reviews & Other Academic Journals

No abstract provided.


A Unified Corps Of Aljs: A Proposal To Test The Idea At The Federal Level, Jeffrey Lubbers Jan 1981

A Unified Corps Of Aljs: A Proposal To Test The Idea At The Federal Level, Jeffrey Lubbers

Articles in Law Reviews & Other Academic Journals

No abstract provided.