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Articles 31 - 60 of 706
Full-Text Articles in Law
A New Antitrust Framework To Protect Mom And Pop From Big Tech, Cara Macdonald
A New Antitrust Framework To Protect Mom And Pop From Big Tech, Cara Macdonald
Journal of the National Association of Administrative Law Judiciary
While the economy declined during the COVID-19 pandemic, big technology companies like Amazon and Oracle experienced unprecedented growth and influence. Critics argue big technology companies are finding this level of success in-part due to anticompetitive practices. The crux of the debate rests on whether current, traditional antitrust laws are sufficient to cope with big technology companies. Some theorists argue that current laws are adequate, while others assert that antitrust laws are insufficient to regulate big technology companies because they are so different from the types of companies antitrust laws were designed to regulate. This article concludes that big tech companies …
To Mulch Or Not To Mulch: Problems With Plastic Mulch And How To Address Them, Rebecca Kim
To Mulch Or Not To Mulch: Problems With Plastic Mulch And How To Address Them, Rebecca Kim
Journal of the National Association of Administrative Law Judiciary
While environmentally conscious consumers may be concerned about single-use plastic packaging their produce comes in, they likely do not think of the excess of plastics farmers use just to grow that produce. The agricultural industry uses an extraordinarily high amount of plastic, notably through agricultural films, which are thin plastic membranes used for mulching. The predominant use of these films has come to be known as “Plasticulture” and, although plastic mulch has many benefits, its ubiquitous use creates substantial waste that, when broken down into micro plastics, eventually enter the human body. This article evaluates the advantages and drawbacks of …
Table Of Contents & Masthead, Cara M. Macdonald
Table Of Contents & Masthead, Cara M. Macdonald
Journal of the National Association of Administrative Law Judiciary
Journal of the National Association of Administrative Law Judiciary, NAALJ, Contents, editorial board, Pepperdine University, Caruso School of Law
The Tax Gap: Do Billions In Uncollected Income Taxes Speed Up Economic Downturn During A Global Pandemic?, Offiong Ekah
The Tax Gap: Do Billions In Uncollected Income Taxes Speed Up Economic Downturn During A Global Pandemic?, Offiong Ekah
Journal of the National Association of Administrative Law Judiciary
Section I will explore how maximizing taxpayer compliance will be a crucial component of closing the tax gap, and what initiatives the IRS implements to garner compliance; Section I will also examine how past and current Tax Code affects levels of compliance—the goal always being compliance optimization. Section II will explore the CARES Act of 2020, and how the Act fared as a response to the onset of COVID-19. This section will also discuss how the concerns of the IRS are accentuated by the tax gap, and how a lack of governmental funding, particularly relating to detailed exclusions enumerating within …
State Laws For Due Process Hearings Under The Individuals With Disabilities Education Act Iv: Expedited Hearings, Andrew M.I. Lee, Perry A. Zirkel
State Laws For Due Process Hearings Under The Individuals With Disabilities Education Act Iv: Expedited Hearings, Andrew M.I. Lee, Perry A. Zirkel
Journal of the National Association of Administrative Law Judiciary
This article is a follow-up to a triad of analyses of state law additions to the basic requirements of the Individuals with Disabilities Education Act (IDEA) for due process hearings (DPHs). The former three articles covered the pre-hearing, hearing, and post-hearing stages of IDEA DPHs. The present article focuses on expedited DPHs, canvassing state law provisions specific to this more rapid, specialized proceeding in the IDEA. This article covers IDEA foundational requirements for expedited DPHs, and then summarizes and codes the state law provisions that supplement the federal template. Additionally, this article provides a discussion of federal preemption of state …
A Weaponized Process: The Deterioration Of Asylum Administration Under Trump, David C. Portillo Jr.
A Weaponized Process: The Deterioration Of Asylum Administration Under Trump, David C. Portillo Jr.
Journal of the National Association of Administrative Law Judiciary
Under the Trump Administration, a series of Attorney General decisions increased Executive Branch scrutiny over decisions of the Board of Immigration Appeals (BIA). This scrutiny serves to advance an anti-immigration policy at the cost of denying entry of valid asylum seekers. These decisions are due to tension between the politically directed executive power of Attorneys General and the Judicial nature of the BIA. This internal contradiction results in Attorney General decisions that are arbitrary, inconsistent, employ poor reasoning, deviate from precedent, and cause inhumane effects. The structure of asylum administration, as laid out in the Immigration and Naturalization Act and …
Masthead & Table Of Contents, Zachary T. Remijas
Masthead & Table Of Contents, Zachary T. Remijas
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Pepperdine Caruso School Of Law Legal Summaries, Jessica Linton
Pepperdine Caruso School Of Law Legal Summaries, Jessica Linton
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
A Burning Question: Sparking Federal Protection Of Inmate Firefighters Through California’S Conservation Camp Program, Zachary T. Remijas
A Burning Question: Sparking Federal Protection Of Inmate Firefighters Through California’S Conservation Camp Program, Zachary T. Remijas
Journal of the National Association of Administrative Law Judiciary
The mounting demand for inmate firefighters in response to increased disaster relief has made such individuals an indispensable resource to the State of California. As a result, state agencies in charge of administering inmate firefighters’ services must give renewed attention to expanding efforts to protect the inmates’ livelihood both before and after a participating inmate’s release. This Comment provides an overview of California inmates undertaking prison labor as volunteer firefighters under the Conservation Camp Program. The Comment further critiques the nonreciprocal approach taken towards inmate firefighting resources, while advocating for a more intentional rehabilitationist approach that implores the California Department …
Automation: Creative Destruction And The Race For Equilibrium, Dustin Rabi
Automation: Creative Destruction And The Race For Equilibrium, Dustin Rabi
Journal of the National Association of Administrative Law Judiciary
The inevitable transition to an automation-driven workforce, economy, and society is generating excitement in some and discomfort in others. Researchers have estimated that anywhere between 10—50% of today’s jobs are susceptible to automation. Furthermore, private firms are highly incentivized to adopt new technologies as a way to remain competitive in their respective markets. In anticipation of this potential economic paradigm shift, Congress requested the U.S. Government Accountability Office (GAO) to obtain more ascertainable data as to what is currently understood about how the adoption of advanced technologies will affect the U.S. workforce. Nine months after the report was published, on …
Due Process And Administrative Hearings In The Time Of Covid-19: Help, I Need Somebody!, Leslie Birnbaum
Due Process And Administrative Hearings In The Time Of Covid-19: Help, I Need Somebody!, Leslie Birnbaum
Journal of the National Association of Administrative Law Judiciary
The COVID-19 pandemic has caused the reinvention of the administrative hearing process in a virtual or hybrid setting. Since March 2020, administrative forums have experienced continuances, backlogs, and the digital divide. The purpose of this paper is to examine the effects of COVID-19 on procedural due process and administrative hearings, and to address some of the problems and unanswered questions about the new normal. Part I presents background information about the virus and a brief history of pandemics. Part II examines past and present case law, and the NAALJ and National Conference of Administrative Law Judges' national survey. Part III …
One-Shotters Or Have-Nots Should Come Out Ahead In The District Of Columbia’S Private Sector Workers’ Compensation System, But Do They?, Melissa Lin Jones
One-Shotters Or Have-Nots Should Come Out Ahead In The District Of Columbia’S Private Sector Workers’ Compensation System, But Do They?, Melissa Lin Jones
Journal of the National Association of Administrative Law Judiciary
In recognition of the humanitarian purpose of the District of Columbia Workers’ Compensation Act of 1979, D.C. Code as amended, §32-1501 et seq. and the legislative policy favoring awards even in arguable cases, a claimant is entitled to a presumption of compensability (“Presumption”) when applying for workers’ compensation benefits. By establishing a causal connection between the injured worker’s disability and a work-related event, the Presumption enables a claimant to establish entitlement to benefits more easily; however, an analysis of decisions issued by the Compensation Review Board from 2005 – 2019 reveals the Presumption frequently is misapplied. Moreover, contrary to Marc …
Why Proving A Work-Related, Psychological Injury Claim Stresses You Out, Melissa Lin Jones
Why Proving A Work-Related, Psychological Injury Claim Stresses You Out, Melissa Lin Jones
Journal of the National Association of Administrative Law Judiciary
In recognition of the humanitarian purpose of the District of Columbia Workers’ Compensation Act of 1979, D.C. Code as amended, §32-1501 et seq. and the legislative policy favoring awards even in arguable cases, a claimant is entitled to a presumption of compensability (“Presumption”) when applying for workers’ compensation benefits. By establishing a causal connection between the injured worker’s disability and a work-related event, the Presumption enables a claimant to establish entitlement to benefits more easily; however, misapplication of the Presumption makes it more difficult for claimants to prove work-related psychological injuries because they must satisfy additional requirements (including a credibility …
The 21st Century Cures Act: A Patient's Miracle Or Demise?, Brittaney N. Edwards
The 21st Century Cures Act: A Patient's Miracle Or Demise?, Brittaney N. Edwards
Journal of the National Association of Administrative Law Judiciary
The 21st Century Cures Act is designed to expedite the FDA’s approval of pharmaceutical and medical device applications in order to increase patient access to innovative therapies. However, many experts claim that the Act’s Title III provisions promote evidentiary “‘shortcuts’” that eviscerate the safety and efficacy standards of the FDA approval process. For new drugs, Title III permits surrogate endpoints and real-world evidence in lieu of more rigorous scientific data. For new medical devices, Title III requires the FDA to exempt certain Class I and II devices from any kind of safety or efficacy evaluation. Moreover, Title III forces the …
The Music Industry: Drowning In The Stream, Jonathan Croskrey
The Music Industry: Drowning In The Stream, Jonathan Croskrey
Journal of the National Association of Administrative Law Judiciary
The Department of Justice is reviewing two of it's oldest consent decrees, which were entered into with ASCAP and BMI. ASCAP and BMI are the two original performing rights organizations and existed well before streaming. This article analyzes copyright and antirust law through the lens of modern technology and the current landscape of the music industry. It examines whether the consent decrees should be removed or modified and what the consequences of each would be.
Pepperdine University School Of Law Legal Summaries, Jessica Linton
Pepperdine University School Of Law Legal Summaries, Jessica Linton
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
State Laws For Due Process Hearings Under The Individuals With Disabilities Education Act Iii: The Pre-Hearing Stage, Andrew M.I. Lee, Perry A. Zirkel
State Laws For Due Process Hearings Under The Individuals With Disabilities Education Act Iii: The Pre-Hearing Stage, Andrew M.I. Lee, Perry A. Zirkel
Journal of the National Association of Administrative Law Judiciary
This article is the third in a triad of analyses of state law additions to the basic requirements of the Individuals with Disabilities Education Act (IDEA) for due process hearings (DPHs). The first two articles of this series covered the hearing and post-hearing stages of IDEA DPHs. The purpose of this follow-up analysis is to supplement the earlier articles by canvassing state law provisions specific to the pre-hearing stage. After an introduction and overview of the literature, this article covers IDEA foundational requirements for DPHs, and then summarizes and codes the state law provisions that supplement the federal template. As …
New Technology And The Right To Privacy: Do E-Scooters Implicate The Fourth Amendment?, Alexander P. Carroll
New Technology And The Right To Privacy: Do E-Scooters Implicate The Fourth Amendment?, Alexander P. Carroll
Journal of the National Association of Administrative Law Judiciary
The Fourth Amendment protects individual’s right to privacy from unwarranted searches and seizures, but the analysis for when the Fourth Amendment applies has become more complicated as new technology is developed. E-scooters are a new piece of technology which may implicate the Fourth Amendment. Cities across the country are beginning to require the mobility companies which provide e-scooter services to turn over location data in order to receive an operating permit. This article first provides a background of the Fourth Amendment, then provides details regarding the new city regulations. The article includes a discussion of the privacy concerns as well …
Table Of Contents And Masthead, Zachary T. Remijas
Table Of Contents And Masthead, Zachary T. Remijas
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Table Of Contents And Masthead, Lauren Jacobs
Table Of Contents And Masthead, Lauren Jacobs
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Pepperdine University School Of Law Legal Summaries, Matthew Rollin, Kelly Vollmer
Pepperdine University School Of Law Legal Summaries, Matthew Rollin, Kelly Vollmer
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Considerations For Closing The Moral And Legal Gap In Public Utility Regulation, E. Nathan Cheung
Considerations For Closing The Moral And Legal Gap In Public Utility Regulation, E. Nathan Cheung
Journal of the National Association of Administrative Law Judiciary
Many public utility commissions were originally created to regulate railroad companies. However, during the transition to the modern era their reach was greatly expanded to encompass the host of now regulated public industries. In more recent times, the role of the public utility commission has further expanded beyond regulation of specific industries to become tools to implement various policy goals and attitudes towards respective industries. Part II of this paper will seek to address different issues that may be encountered by the modern public utility commission. Part III of this paper seeks to present the concept of incentive regulation, which …
‘Substantial Portion’ Of A Patent: Quantitative Or Qualitative?, Matthew Rollin
‘Substantial Portion’ Of A Patent: Quantitative Or Qualitative?, Matthew Rollin
Journal of the National Association of Administrative Law Judiciary
This Article examines the U.S. Supreme Court’s holding in Life Technologies Corp., where the Court issued another requirement for patent infringement. Part II of this Article examines the text of the Patent Act and the history behind it. Part III further discusses the facts of Life Technologies Corp., to give more relevant background facts and history. Part IV focuses on the prior opinions of the case, including the district court’s ruling, appellate court’s decision, and the Supreme Court’s decision. Part V examines and concludes with the legal significance of Life Technologies Corp., the impact that it will have on future …
State Laws For Due Process Hearings Under The Individuals With Disabilities Education Act Ii: The Post-Hearing Stage, Perry A. Zirkel
State Laws For Due Process Hearings Under The Individuals With Disabilities Education Act Ii: The Post-Hearing Stage, Perry A. Zirkel
Journal of the National Association of Administrative Law Judiciary
A recent issue of this journal contained an article that canvassed state laws that added to the basic requirements of the Individuals with Disabilities Education Act (IDEA) for due process hearings (DPHs). The purpose of this follow-up analysis is to supplement the earlier article by canvassing state law provisions specific to the post-hearing stage of IDEA DPHs. The length is relatively brief because (1) the springboard article on the hearing stage provided the detailed foundation, (2) the scope of the post-hearing stage is much more limited, and (3) the previous literature has largely unexplored this stage. Otherwise in accordance with …
Table Of Contents And Masthead, Lauren Jacobs
Table Of Contents And Masthead, Lauren Jacobs
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Pepperdine University School Of Law Legal Summaries, Matthew Rollin
Pepperdine University School Of Law Legal Summaries, Matthew Rollin
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Stop Punishing Our Kids: How Title Vii Can Protect Children Of Color In Public School’S Discipline Practices, Lizette Rodriguez
Stop Punishing Our Kids: How Title Vii Can Protect Children Of Color In Public School’S Discipline Practices, Lizette Rodriguez
Journal of the National Association of Administrative Law Judiciary
Section I of this comment considers the evolution of education in the United States and how American society dealt with racial discrimination in public schools in the past, and how those facts and decisions differ from the issues that students of color are facing today. Section II explains the Equal Protection Clause (EPC) and analyzes the seminal cases that demonstrate the power of the EPC and when it is appropriate to use it. Section III introduces Title VII and walks through violations of disparate impact discrimination and disparate treatment discrimination. Section IV explains what the Department of Education’s Civil Rights …
Safeguarding Procedures Under The Idea: Restoring The Balance In The Adjudication Of Fape, Perry A. Zirkel
Safeguarding Procedures Under The Idea: Restoring The Balance In The Adjudication Of Fape, Perry A. Zirkel
Journal of the National Association of Administrative Law Judiciary
The article’s purpose is to stimulate IDEA adjudicators, starting with the specialized and significant level of impartial hearing officers, and to restore the enforceable meaning of the procedural requirements of the IDEA. Doing so will provide a more coherent balance with not only the substantive dimension, but also the other decisional dispute resolution mechanisms of the Act. Part I provides an overview of the procedural structure of the IDEA and the Supreme Court’s framework interpretation. Part II traces the subsequent interpretation of the procedural dimension of FAPE, culminating in the codification of the two-part test in the latest IDEA amendments. …
2020 Fellowship Topic Announcement, National Association Of Administrative Law Judiciary
2020 Fellowship Topic Announcement, National Association Of Administrative Law Judiciary
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Table Of Contents And Editorial Board, Yoori Chung
Table Of Contents And Editorial Board, Yoori Chung
Journal of the National Association of Administrative Law Judiciary
No abstract provided.