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Civil Rights and Discrimination

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Journal of the National Association of Administrative Law Judiciary

2013

Administrative procedure

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Full-Text Articles in Law

Civil Rights Are Civil Rights Are Civil Rights: The Inapplicability Of Preclusion To Unreviewed State Administrative Decisions , Heather Rutland Apr 2013

Civil Rights Are Civil Rights Are Civil Rights: The Inapplicability Of Preclusion To Unreviewed State Administrative Decisions , Heather Rutland

Journal of the National Association of Administrative Law Judiciary

This Comment addresses the history and intent behind administrative law and agency decision-making, and examines the differences between administrative proceedings and their judicial counterparts. Part II explains the history and effect of claim preclusion. Part III discusses the foundations of Administrative Law. Part IV reviews the Supreme Court's treatment of the preclusive effects of unreviewed agency determinations in civil rights cases, with particular focus on civil rights cases arising under Title VII, the ADEA, and §1983. Part V addresses the necessity and importance of judicial review of administrative agency findings. Part VI reviews the history and purpose of the civil …


An Overview Of The Federal Eeo Administrative Hearings Process, Audrey M. Scott Apr 2013

An Overview Of The Federal Eeo Administrative Hearings Process, Audrey M. Scott

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Procedures And Remedies Under Section 504 And The Ada For Public School Children With Disabilities, Mark C. Weber Apr 2013

Procedures And Remedies Under Section 504 And The Ada For Public School Children With Disabilities, Mark C. Weber

Journal of the National Association of Administrative Law Judiciary

Much has been written about procedures and remedies under the Individuals with Disabilities Education Act, but few scholars have explored procedural rights and corresponding mechanisms of administrative and judicial relief for victims of public schools' violations of children's rights under section 504 of the Rehabilitation Act of 1973 and title II of the Americans with Disabilities Act. This paper will discuss the administrative procedures that must be followed in hearings regarding complaints of violations of those laws by public school districts and the relief that hearing officers and courts may provide. It will begin with an update on developments regarding …