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Articles 1 - 30 of 100
Full-Text Articles in Law
Unclear Guidelines From The Sentencing Commission And A Prejudiced Warden Result In (Un)Compassionate Release, Mary Trotter
Unclear Guidelines From The Sentencing Commission And A Prejudiced Warden Result In (Un)Compassionate Release, Mary Trotter
Journal of the National Association of Administrative Law Judiciary
Congress first developed compassionate release in 1984, granting federal courts the authority to reduce sentences for “extraordinary and compelling” reasons. Compassionate release allows the Federal Bureau of Prisons (BOP) and inmates to apply for immediate early release on grounds of “particularly extraordinary or compelling circumstances which could not reasonably have been foreseen by the court at the time of sentencing.” Questions remain about how the BOP and the courts grant compassionate release and whether the courts apply the compassionate release guidelines consistently. The uncertainty is due to the lack of clarity from the USSC to define “extraordinary or compelling circumstances,” …
Broadcast In The Past?: The Dangers Of Deregulating Children’S Broadcast Television, Lauren Bashir
Broadcast In The Past?: The Dangers Of Deregulating Children’S Broadcast Television, Lauren Bashir
Journal of the National Association of Administrative Law Judiciary
This article will begin by providing an overview of the Federal Communications Commission’s role in regulating broadcast television. In Section II, this article will explain in depth how the FCC has placed limitations on the type of content and circumstances under which television stations can broadcast content. This discussion will lead into the Children’s Television Act (CTA) of 1990 and the regulation of children’s television—also known as the KidVid Rules. After providing some background on the creation of the CTA and its effectiveness up to recent times, Section III will dive deeper into the 2019 CTA modifications. Then this article …
May The Executive Branch Forgive Student Loan Debt Without Further Congressional Action?, Colin Mark
May The Executive Branch Forgive Student Loan Debt Without Further Congressional Action?, Colin Mark
Journal of the National Association of Administrative Law Judiciary
On April 1, 2021, the Biden administration announced that Secretary of Education Michael Cardona will consider whether the President has legal authority to forgive up to $50,000 per debtor in student loan debt without further Congressional action. This paper interrogates the leading arguments for and against the Biden administration’s capacity to forgive this student loan debt strictly using administrative action. This article first surveys the history of federal student loan forgiveness programs in the United States. It then considers whether statutes on the books—in particular, the Higher Education Act of 1965 and the Federal Claims Collection Act of 1966—grant the …
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 …
The Death Of Judicial Independence In Turkey: A Lesson For Others, Edwin L. Felter Jr., Oyku Didem Aydin
The Death Of Judicial Independence In Turkey: A Lesson For Others, Edwin L. Felter Jr., Oyku Didem Aydin
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Pepperdine University School Of Law Legal Summaries, Armando Lopez
Pepperdine University School Of Law Legal Summaries, Armando Lopez
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Ignoring Administrative Decisions Through Settlement: A Holistic Approach, Vincent Escoto
Ignoring Administrative Decisions Through Settlement: A Holistic Approach, Vincent Escoto
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.
Pepperdine University School Of Law: Legal Summaries, Jane Seo
Pepperdine University School Of Law: Legal Summaries, Jane Seo
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Administrative Adjudication In The United States, James G. Gilbert, Robert S. Cohen
Administrative Adjudication In The United States, James G. Gilbert, Robert S. Cohen
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
State Administrative Decisions Census: Demonstrating The Need For More Openness, Pierre-Paul Lemyre
State Administrative Decisions Census: Demonstrating The Need For More Openness, Pierre-Paul Lemyre
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Pepperdine University School Of Law Legal Summaries, Jee (Jane) Seo
Pepperdine University School Of Law Legal Summaries, Jee (Jane) Seo
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Administrative State: Problems Associated With Congressional Intent, Statutory Interpretation, And The Powers Granted To Administrative Agencies, Serje Havandjian
The Administrative State: Problems Associated With Congressional Intent, Statutory Interpretation, And The Powers Granted To Administrative Agencies, Serje Havandjian
Journal of the National Association of Administrative Law Judiciary
While reading this article, two questions should be kept in mind: (1) why the Court held that the TSA promulgated whistleblowing regulation was not considered to have the force and effect of law, and how that effects other regulations, and (2) how should the Supreme Court respond if a conflict of congressional intent and statutory interpretation arises within another regulatory or administrative agency's internal scheme for regulating such issues? With a careful analysis of statutory interpretation and determining congressional intent, and some luck, this article will try to answer these questions. Ultimately, what we will find is that although Congress …
Save The Social Security Disability Trust Fund! And Reduce Ssi Exposure To The General Fund, Daniel F. Solomon
Save The Social Security Disability Trust Fund! And Reduce Ssi Exposure To The General Fund, Daniel F. Solomon
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
De-Scribing Administrative Law Case Data: From Sparklines To Dashboards To Analytics, Steven Placek
De-Scribing Administrative Law Case Data: From Sparklines To Dashboards To Analytics, Steven Placek
Journal of the National Association of Administrative Law Judiciary
In this article, I present some examples of opportunities for agencies to depart from the inscribed method. These examples of display “de-scribe” administrative law data, making the data more visually active, multi-variate—with additional context and greater density. In Part II of this article, I review examples of the current state of data display for administrative law agencies and show how the inscribed method limits complex displays of data. In Part III, I introduce the concept of the sparkline, which is the fundamental unit of visual data display in the big data era that appears in organizational dashboards and analytics deployments. …
Adjudicasaurus Rex, Jeffrey S. Wolfe
Adjudicasaurus Rex, Jeffrey S. Wolfe
Journal of the National Association of Administrative Law Judiciary
This article proposes a simple theme. While many issues plague the Social Security Disability Insurance and Supplemental Security Income programs, only reform of the hearings and appeals process can solve the decades-long (and growing) hearings backlog. Only then, can the remaining questions regarding the solvency of the DI trust fund be meaningfully addressed. As it now stands, the ongoing backlog of pending hearings and appeals feeds the twin plagues of rising costs and increasing delay. These are the very issues that drove the federal courts in the passage of the Civil Justice Reform Act of 1990 (CJRA). This article provides …
Pepperdine University School Of Law: Legal Summaries, Blair Castellanos
Pepperdine University School Of Law: Legal Summaries, Blair Castellanos
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Pepperdine University School Of Law; Legal Summaries, Nicole Banister
Pepperdine University School Of Law; Legal Summaries, Nicole Banister
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
A Look Back: Developing Indiana Law; Post-Bench Reflections Of An Indiana Supreme Court Justice; Selected Developments In Indiana Administrative Law (1989-2012), Frank Sullivan Jr.
A Look Back: Developing Indiana Law; Post-Bench Reflections Of An Indiana Supreme Court Justice; Selected Developments In Indiana Administrative Law (1989-2012), Frank Sullivan Jr.
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.
Pepperdine University School Of Law Legal Summaries, Nicole Banister
Pepperdine University School Of Law Legal Summaries, Nicole Banister
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Pepperdine University School Of Law Legal Summaries, Hsuan Li
Pepperdine University School Of Law Legal Summaries, Hsuan Li
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
City Of Arlington V. Fcc: Jurisdictional Or Nonjurisdictional, Where To Draw The Line?, Whitney Ruijuan Hao
City Of Arlington V. Fcc: Jurisdictional Or Nonjurisdictional, Where To Draw The Line?, Whitney Ruijuan Hao
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Fixing Disability Courts, D. Randall Frye
Fixing Disability Courts, D. Randall Frye
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Legal Summaries, Hsuan Li
Legal Summaries, Hsuan Li
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
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 …
Legal Summaries , Emily Edwards
Legal Summaries , Emily Edwards
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
A Channel Worth Changing? The Individual Regional Sports Network: Proliferation, Profits, Parity, And The Potential Administrative And Antitrust Issues That Could Follow, Stephen Dixon
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Clarence Thomas And Administrative Law, William Funk
Clarence Thomas And Administrative Law, William Funk
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Making Findings Of Fact And Preparing A Decision , Patrick J. Borchers
Making Findings Of Fact And Preparing A Decision , Patrick J. Borchers
Journal of the National Association of Administrative Law Judiciary
No abstract provided.