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Full-Text Articles in Law
California Year In Review: 2013 Special Education Alj Decisions, Ruth Colker
California Year In Review: 2013 Special Education Alj Decisions, Ruth Colker
Journal of the National Association of Administrative Law Judiciary
This article reviews 74 special education cases decided by California ALJs between January 1, 2013 and December 11, 2013. The author concludes that the ALJs provided stingy relief even when students prevailed, there was often unsuccessful litigation on behalf of a student following the termination of a consent decree or court order, many of the cases reflected negative attitudes towards the mothers of the student, and school districts often preferred more restrictive placements than the parent/student. Not surprisingly, students faced very unfavorable outcomes when they were not represented by a lawyer.
Resolving The Alj Quandary, Kent Barnett
Resolving The Alj Quandary, Kent Barnett
Journal of the National Association of Administrative Law Judiciary
Three competing constitutional and practical concerns surround federal administrative law judges (“ALJs”), who preside over all formal adjudications within the executive branch. First, if ALJs are “inferior Officers” (not mere employees), as five current Supreme Court Justices have suggested, the current method of selecting many ALJs likely violates the Appointments Clause. Second, a recent U.S. Supreme Court decision reserved the question whether the statutory protections that prevent ALJs from being fired at will impermissibly impinge upon the President’s supervisory power under Article II. Third, these same protections from removal may, on the other hand, be too limited to satisfy impartiality …
Privacy, Jed Rubenfeld
Privacy, Jed Rubenfeld
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Due Process In A Nutshell, Arthur Markewich
Due Process In A Nutshell, Arthur Markewich
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Due Process In Unemployment Insurance Adjudication: Overview Of The Unemployment Insurance System, Frank J. Barbaro
Due Process In Unemployment Insurance Adjudication: Overview Of The Unemployment Insurance System, Frank J. Barbaro
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Striving For Efficiency In Administrative Litigation: North Carolina's Office Of Administrative Hearings, Julian Mann Iii
Striving For Efficiency In Administrative Litigation: North Carolina's Office Of Administrative Hearings, Julian Mann Iii
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Active Administrative Law Judge: Is There Harm In An Alj Asking?, Allen E. Shoenberger
The Active Administrative Law Judge: Is There Harm In An Alj Asking?, Allen E. Shoenberger
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Striking A Balance: The Conflict Between Safety And Due Process Rights - The Practical Implications Of Zadvydas V. Davis, Alicia Brown
Striking A Balance: The Conflict Between Safety And Due Process Rights - The Practical Implications Of Zadvydas V. Davis, Alicia Brown
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Breaking Terror's Bank Without Breaking The Law: A Comment On The Usa Patriot Act And The United States Financial War On Terrorism , Carrie L. Folendorf
Breaking Terror's Bank Without Breaking The Law: A Comment On The Usa Patriot Act And The United States Financial War On Terrorism , Carrie L. Folendorf
Journal of the National Association of Administrative Law Judiciary
This comment will discuss the effect of abandoning our Constitution in times of crisis by discussing how Executive Order 13,224 and the USA PATRIOT Act infringe upon our fundamental First Amendment freedoms of association, and how they violate the Due Process Clause of the Fifth Amendment by withholding notice and the opportunity to be heard. Part II will outline legislation which demonstrates how the United States has historically dealt with freezing the assets of designated terrorists, and will include a discussion of the provisions in the Anti-Terrorism and Effective Death Penalty Act of 1996 (AEDPA) and the USA PATRIOT Act …
Due Process; A Detached Judge; And Enemy Combatants, Julian Mann Iii
Due Process; A Detached Judge; And Enemy Combatants, Julian Mann Iii
Journal of the National Association of Administrative Law Judiciary
In the landmark administrative law decision of Goldberg v. Kelly, Justice Brennan stated that an “impartial decision maker is essential” to procedural due process. As a corollary, in the more recent decision of Hamdi v. Rumsfeld, Justice O'Connor stated that “due process requires a neutral and a detached judge in the first instance.” Thus, the due process clauses of the Fifth and Fourteenth Amendments to the U.S. Constitution require that the essential element of neutrality remain an integral part of any administrative hearing. There can be no departure from this fundamental guarantee of constitutional due process for the administrative hearings …