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Articles 1 - 18 of 18
Full-Text Articles in Law
The Iowa Unemployment Appeals Telephone Hearing Process, Bruce Graham
The Iowa Unemployment Appeals Telephone Hearing Process, Bruce Graham
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Adapting Alternate Dispute Resolution For Use In Administrative Proceedings, Victor Lawrence
Adapting Alternate Dispute Resolution For Use In Administrative Proceedings, Victor Lawrence
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.
Agency Inaction, Abner J. Mikva
Agency Inaction, Abner J. Mikva
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Another Moment In The Evolution Of Administrative Agency Power: The Opinion In Schultz V. Springfield Forest Products, Drew K. Mahady
Another Moment In The Evolution Of Administrative Agency Power: The Opinion In Schultz V. Springfield Forest Products, Drew K. Mahady
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Agency Fact Finding, Walter J. Kendall Iii
Agency Fact Finding, Walter J. Kendall Iii
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Administrative Law Judges, Judicial Independence, And Judicial Review: Qui Custodiet Ipsos Custodes?, W. Michael Gillette
Administrative Law Judges, Judicial Independence, And Judicial Review: Qui Custodiet Ipsos Custodes?, W. Michael Gillette
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Paternalistic Discrimination: The Chevron Deference Misplaced In Chevron U.S.A., Inc. V. Echazabal, Tricia M. Patterson
Paternalistic Discrimination: The Chevron Deference Misplaced In Chevron U.S.A., Inc. V. Echazabal, Tricia M. Patterson
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Bates V. Dow Agrosciences: Overcoming Federal Preemption And Giving The People A Voice , Kim Ly
Bates V. Dow Agrosciences: Overcoming Federal Preemption And Giving The People A Voice , Kim Ly
Journal of the National Association of Administrative Law Judiciary
This note explores the U.S. Supreme Court's ruling in Bates v. Dow Agrosciences LLC. Part II discusses the historical background and procedural history of the case. Part III lays out the facts of the Bates case. Part IV analyzes the majority opinion given by Justice Stevens and Justice Breyer's concurring opinion, and the opinion of Justice Thomas, concurring in part and dissenting in part. Part V considers Bates's judicial, legislative and administrative impact. Part VI concludes the discussion of the Bates decision.
No More Secrets: Under Ballard V. Commissioner, Special Trial Judge Reports Must Be Revealed , Katherine Kmiec Turner
No More Secrets: Under Ballard V. Commissioner, Special Trial Judge Reports Must Be Revealed , Katherine Kmiec Turner
Journal of the National Association of Administrative Law Judiciary
This case note evaluates Ballard v. Commissioner, its roots, and its impact on the Tax Court and administrative agencies. First, the history of the United States Tax Court is provided with a focus on the special trial judges and the structure of Tax Court Rule that was the central focus of Ballard. Second, there is a brief comparison of other positions, such as a magistrate, to the special trial judge. Third, this article simplifies the complicated, prior history of Ballard that includes three different petitioners, weeks of trial, and numerous courts proceedings and opinions. Fourth, the Ballard opinion is analyzed …
Ordinary Administrative Law As Constitutional Common Law , Gillian E. Metzger
Ordinary Administrative Law As Constitutional Common Law , Gillian E. Metzger
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Rhetorical Judgments: Using Holistic Assessment To Improve The Quality Of Administrative Decisions, Roger J. Klurfeld, Steven Placek
Rhetorical Judgments: Using Holistic Assessment To Improve The Quality Of Administrative Decisions, Roger J. Klurfeld, Steven Placek
Journal of the National Association of Administrative Law Judiciary
Federal, state, and local governments issue hundreds of thousands of administrative decisions annually. Considering the number of encounters the public has with administrative appeal agencies, administrative decisions may be the largest category of legal writing and reading interaction the public has with the legal system. Many of these agencies have identified writing quality - however they define it - as a priority in their strategic plans, but the overwhelming number of hearings and decisions, coupled with regulatory guidelines for timeliness, may subordinate this goal to other management priorities. Improving the quality of administrative decisions at these agencies presents a practical …
Summary Of Administrative Law Judge Responsibilities, Daniel F. Solomon
Summary Of Administrative Law Judge Responsibilities, Daniel F. Solomon
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The California Youth Authority: Planning For A Better Tomorrow, Pearl S. West
The California Youth Authority: Planning For A Better Tomorrow, Pearl S. West
Pepperdine Law Review
No abstract provided.
Regulatory Reform: Toward More Balanced And Flexible Federal Agency Regulation, Donald T. Bliss
Regulatory Reform: Toward More Balanced And Flexible Federal Agency Regulation, Donald T. Bliss
Pepperdine Law Review
The Reagan administration's desire to stimulate the national economy has resulted in a fundamental change in our federal regulatory scheme. By executive order No. 12,291, the regulatory process has been brought under the scrutiny and control of the President in order to insure the pursuit of rational economic objectives. This recent executive decree represents the latest attempt to meet the challenge of a decade long attack on federal regulation. The author critically examines the scope of this order while prospectively analyzing the attendant problems this particular type of reform will encounter. Mr. Bliss ultimately suggests the Reagan administration's approach to …
The Jurisdiction Of The D.C. Circuit, Matthew B. Lawrence, Eric M. Fraser, David Kessler, Stephen A. Calhoun
The Jurisdiction Of The D.C. Circuit, Matthew B. Lawrence, Eric M. Fraser, David Kessler, Stephen A. Calhoun
Faculty Articles
The U.S. Court of Appeals for the D.C. Circuit is unique among federal courts, well known for an unusual caseload that is disproportionally weighted toward administrative law. What explains that unusual caseload? This Article explores that question. We identify several factors that “push” some types of cases away from the Circuit and several factors that “pull” other cases to it. We give particular focus to the jurisdictional provisions of federal statutes, which reveal congressional intent about the types of actions over which the D.C. Circuit should have special jurisdiction. Through a comprehensive examination of the U.S. Code, we identify several …
The Soda Ban Or The Portion Cap Rule? Litigation Over The Size Of Sugary Drink Containers As An Exercise In Framing, Rodger D. Citron, Paige Bartholomew
The Soda Ban Or The Portion Cap Rule? Litigation Over The Size Of Sugary Drink Containers As An Exercise In Framing, Rodger D. Citron, Paige Bartholomew
Scholarly Works
The authors discuss the litigation over New York City’s “Portion Cap Rule,” which restricts the size of sugary drink containers. The authors provide a history of the rule, from its promulgation by the Board of Health to the Appellate Division’s decision invalidating the rule. The authors also comment on the dispute between the parties over how to frame the rule. Opponents of the rule characterize the measure as an unwarranted and unprecedented incursion of consumer choice and personal freedom. Proponents of the rule, including the City, view the rule as a modest measure intended to address obesity, a significant—even alarming—public …
The Diffusion Of Regulatory Oversight, Jonathan B. Wiener
The Diffusion Of Regulatory Oversight, Jonathan B. Wiener
Faculty Scholarship
The idea of cost-benefit analysis has been spreading internationally for centuries — at least since an American named Benjamin Franklin wrote a letter in 1772 to his British friend, Joseph Priestley, recommending that Priestley weigh the pros and cons of a difficult decision in what Franklin dubbed a “moral or prudential algebra” (Franklin 1772) (more on this letter below). Several recent studies show that the use of benefit-cost analysis (BCA), for both public projects and public regulation of private activities, is now unfolding in countries on every habitable continent around the world (Livermore and Revesz 2013; Quah and Toh 2012; …