Law Commons^™

Combining Constitutional Clauses, Michael Coenen

Journal Articles

No abstract provided.

Judges In The Executive Branch And Judges In The Judicial Branch: Similar, Yet Distinct, Thomas G. Welshko

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Toward Heightening Impartiality In Social Security Agency Proceedings Involving Administrative Law Judges , Victor G. Rosenblum

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Similarities And Differences Between Judges In The Judicial Branch And The Executive Branch: The Further Evolution Of Executive Adjudications Under The Administrative Central Panel, Christopher B. Mcneil

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Balancing Administrative Efficiency And Fairness: Restrictions On Local Hearings Advisors Post-Nightlife Partners, Ltd. V. City Of Beverly Hills , Kelli Shope

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Muzzling And Caging Administrative Law Judges: The Social Security Administration Attempts To Control Its Most "Notorious" Employees, Allen E. Shoenberger

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

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 …

The Third Circuit's Approach To The Private Enforcement Of Administrative Agency Regulations Under Section 1983, Lisa M. Lamb

Villanova Law Review

No abstract provided.

Wrong Turn In Cyberspace: Using Icann To Route Around The Apa And The Constitution, A. Michael Froomkin

Articles

The Internet relies on an underlying centralized hierarchy built into the domain name system (DNS) to control the routing for the vast majority of Internet traffic. At its heart is a single data file, known as the "root." Control of the root provides singular power in cyberspace.

This Article first describes how the United States government found itself in control of the root. It then describes how, in an attempt to meet concerns that the United States could so dominate an Internet chokepoint, the U.S. Department of Commerce (DoC) summoned into being the Internet Corporation for Assigned Names and Numbers …

The Illusion Of Due Process In West Virginia's Property Tax Appeals System: Making The Constitution's Promise A Reality, Michael E. Caryl

West Virginia Law Review

No abstract provided.

The "God Squad" Proves Mortal: Ex Parte Contacts And The White House After Portland Audubon Society, Michael A. Bosh

Washington and Lee Law Review

No abstract provided.

Presidential Management Of Agency Rulemaking, Harold H. Bruff

Publications

No abstract provided.

Economic Analysis Of Liberty And Property: A Critique, Peter N. Simon

Publications

No abstract provided.

Presidential Power And Administrative Rulemaking, Harold H. Bruff

Publications

No abstract provided.

Congressional Control Of Administrative Regulation: A Study Of Legislative Vetoes, Harold H. Bruff, Ernest Gellhorn

Publications

Several administrative programs contain provisions allowing Congress to veto agency rules, and there is now a bill before Congress to extend this veto power to all agency rulemaking. In this Article, Professor Bruff and Dean Gellhorn analyze the histories of five federal programs subject to the legislative veto to determine the effect of the veto on the rulemaking process and on the relationships between the branches of government. Extrapolating from this practical experience, they suggest that a general legislative veto is unlikely to increase the overall efficiency of the administrative process, may impede the achievement of reasoned decisionmaking based on …

Of Justice Delayed And Justice Denied: The Welfare Prior Hearing Cases, Robert M. O'Neil

Articles by Maurer Faculty

No abstract provided.

Administrative Due Process In Military Proceedings, Robert D. Powers, Jr.

Washington and Lee Law Review

No abstract provided.