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Full-Text Articles in Law
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 …
Lucia Et Al. V. Securities And Exchange Commission: Opinion Of The Court, Elena Kagan
Lucia Et Al. V. Securities And Exchange Commission: Opinion Of The Court, Elena Kagan
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Introduction To Lucia Et Al. V. Securities And Exchange Commission, Selina Malherbe
Introduction To Lucia Et Al. V. Securities And Exchange Commission, Selina Malherbe
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Default License Revocation In California Administrative Law, Jacob Reinhardt
Default License Revocation In California Administrative Law, Jacob Reinhardt
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Addressing Bias In Administrative Environmental Decisions, Robert R. Kuehn
Addressing Bias In Administrative Environmental Decisions, Robert R. Kuehn
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Shadow Of Free Enterprise: The Unconstitutionality Of The Securities & Exchange Commission’S Administrative Law Judges, Linda D. Jellum, Moses M. Tincher
The Shadow Of Free Enterprise: The Unconstitutionality Of The Securities & Exchange Commission’S Administrative Law Judges, Linda D. Jellum, Moses M. Tincher
Journal of the National Association of Administrative Law Judiciary
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 …
The Hearing Examiners And The Administrative Procedure Act, 1937-1960, Joanna L. Grisinger
The Hearing Examiners And The Administrative Procedure Act, 1937-1960, Joanna L. Grisinger
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Simplifying The Standard Of Review In North Carolina Administrative Appeals, Sarah H. Ludington
Simplifying The Standard Of Review In North Carolina Administrative Appeals, Sarah H. Ludington
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Department Of Agriculture's Rules Of Practice: Do They Still Serve Both The Department's And The Public's Needs?, Peter M. Davenport
The Department Of Agriculture's Rules Of Practice: Do They Still Serve Both The Department's And The Public's Needs?, Peter M. Davenport
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Final Decision Authority And The Central Panel Alj, Larry J. Craddock
Final Decision Authority And The Central Panel Alj, Larry J. Craddock
Journal of the National Association of Administrative Law Judiciary
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.
Evaluation: Where Are We? Where Are We Going?, Ronnie A. Yoder
Evaluation: Where Are We? Where Are We Going?, Ronnie A. Yoder
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.
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.
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.