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Articles 1 - 18 of 18

Full-Text Articles in Law

The Iowa Unemployment Appeals Telephone Hearing Process, Bruce Graham Apr 2013

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 Apr 2013

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 Apr 2013

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 Apr 2013

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 Apr 2013

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 Apr 2013

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 Apr 2013

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 Apr 2013

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 Apr 2013

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 Apr 2013

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 Mar 2013

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 Mar 2013

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 Mar 2013

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 Feb 2013

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 Feb 2013

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 Jan 2013

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 Jan 2013

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 Jan 2013

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; …