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Articles 1 - 22 of 22
Full-Text Articles in Law
"Data, Views, Or Arguments": A Rumination, Michael Herz
"Data, Views, Or Arguments": A Rumination, Michael Herz
William & Mary Bill of Rights Journal
No abstract provided.
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.
Statement Of The Association Of Administrative Law Judges: Committee On Ways And Means, Subcommittee On Social Security, D. Randall Frye
Statement Of The Association Of Administrative Law Judges: Committee On Ways And Means, Subcommittee On Social Security, D. Randall Frye
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Easing The Guidance Document Dilemma Agency By Agency: Immigration Law And Not Really Binding Rules, Jill E. Family
Easing The Guidance Document Dilemma Agency By Agency: Immigration Law And Not Really Binding Rules, Jill E. Family
University of Michigan Journal of Law Reform
Immigration law relies on rules that bind effectively, but not legally, to adjudicate millions of applications for immigration benefits every year. This Article provides a blueprint for immigration law to improve its use of these practically binding rules, often called guidance documents. The agency that adjudicates immigration benefit applications, United States Citizenship and Immigration Services (USCIS), should develop and adopt its own Good Guidance Practices to govern how it uses guidance documents. This Article recommends a mechanism for reform, the Good Guidance Practices, and tackles many complex issues that USCIS will need to address in creating its practices. The recommended …
The Evolution And Role Of The Administrative Law Judge At The Office Of Hearings And Appeals In The Social Security Administration, Charles N. Bono
The Evolution And Role Of The Administrative Law Judge At The Office Of Hearings And Appeals In The Social Security Administration, Charles N. Bono
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.
Utica Packing Co. V. Block, 781 F.2d 71 (6th Cir. 1986), David J. Agatstein
Utica Packing Co. V. Block, 781 F.2d 71 (6th Cir. 1986), David J. Agatstein
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.
Judicial Independence In Administrative, Adjudication: Past, Present, And Future , Ann Marshall Young
Judicial Independence In Administrative, Adjudication: Past, Present, And Future , Ann Marshall Young
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Recommendations For A New Independent Adjudication Agency To Make The Final Administrative Adjudications Of Social Security Act Benefits Claims , Robin J. Arzt
Recommendations For A New Independent Adjudication Agency To Make The Final Administrative Adjudications Of Social Security Act Benefits Claims , Robin J. Arzt
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Business Roundtable V. Securities And Exchange Commission: The Sec's First Big Shot At Proxy Access In The Shadow Of Dodd-Frank, Raymond E. Areshenko
Business Roundtable V. Securities And Exchange Commission: The Sec's First Big Shot At Proxy Access In The Shadow Of Dodd-Frank, Raymond E. Areshenko
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Finality: What Constitutes Final Agency Action? The Practical Implications Of The D.C. Circuit's Ruling In Reliable Automatic Sprinkler Co. V. Consumer Product Safety Commission, Jason Fowler
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Florida's Aljs: Maintaining A Different Balance , F. Scott Boyd
Florida's Aljs: Maintaining A Different Balance , F. Scott Boyd
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Agency Exercise Of Legislative Power And Alj Veto Authority, Daniel Manry
Agency Exercise Of Legislative Power And Alj Veto Authority, Daniel Manry
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.
State Agency-Based V. Central Panel Jurisdiction: Is There A Deference?, A. Michael Nolan
State Agency-Based V. Central Panel Jurisdiction: Is There A Deference?, A. Michael Nolan
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Greater Independence For Aljs Plus Cost Savings For Agencies: The Coast Guard Model, Walter J. Brudzinski
Greater Independence For Aljs Plus Cost Savings For Agencies: The Coast Guard Model, Walter J. Brudzinski
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Toward Adequacy, Sarah L. Brinton
Toward Adequacy, Sarah L. Brinton
Sarah L Brinton
Each year, hundreds of people, companies, organizations, and associations sue the federal government for injuries they have suffered at the hands of federal agencies. Such suits are often brought under the judicial review provisions of the Administrative Procedure Act (“APA”), which Congress enacted expressly to allow broad access to courts in an age of increasing administrative agency action. By the terms of the APA itself, all final agency action for which there is no other adequate remedy in a court is reviewable under the APA.
But the very language meant to welcome such suits into court also acts as a …
Some Guidance About Federal Agencies And Guidance, Mary Whisner
Some Guidance About Federal Agencies And Guidance, Mary Whisner
Librarians' Articles
The federal administrative system is complex and contains ambiguities about what counts as an “agency,” and there is an amorphous border between regulations and guidance. The body of guidance documents (or nonlegislative rules) is growing, both in volume and in importance, and legal researchers should be aware of this important source of authority, as well as its unclear status.
Student And Professorial Causes Of Action Against Non-University Actors, Andrew Kloster
Student And Professorial Causes Of Action Against Non-University Actors, Andrew Kloster
Andrew Kloster
While courts have increasingly looked to contract law to vindicate the rights of students against universities and colleges, traditional contract law sometimes provides inadequate protections in situations where rights are adversely affected by third-party action.
The rise of administrative oversight by the Department of Education and by other third-party governmental actors limits the universe of contracts that can be formed and is constantly changing the student-university relationship. This oversight is so pervasive that adverse administrative decisions of even private universities could possibly be characterized as state action or agency action for the purposes of a direct constitutional lawsuit or suit …
Between Seminole Rock And A Hard Place: A New Approach To Agency Deference, Kevin O. Leske
Between Seminole Rock And A Hard Place: A New Approach To Agency Deference, Kevin O. Leske
Faculty Scholarship
No abstract provided.