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Articles 1 - 16 of 16
Full-Text Articles in Administrative Law
Slip Slidin' Away: The Erosion Of Apa Adjudication, William Funk
Slip Slidin' Away: The Erosion Of Apa Adjudication, William Funk
Journal of the National Association of Administrative Law Judiciary
Although the enactment of the Administrative Procedure Act (APA) was intended to establish a uniform set of procedures applicable to adjudications "required by statute to be determined on the record after opportunity for an agency hearing," agencies have long sought to avoid those procedures, and, in particular, Administrative Law Judges, by substituting informal, non-APA adjudications. Over time, the courts have accelerated this substitution through a misapplication of three Supreme Court opinions. This article describes the original understanding of the APA and how that original understanding has been eroded over the years. The article then asks whether this is a problem …
The Winter Of Discontent: A Circumscribed Chevron, Nicholas R. Bednar
The Winter Of Discontent: A Circumscribed Chevron, Nicholas R. Bednar
Mitchell Hamline Law Review
No abstract provided.
Lucia Et Al. V. Securities And Exchange Commission: Opinion Of The Court, Elena Kagan
Lucia Et Al. V. Securities And Exchange Commission: Opinion Of The Court, Elena Kagan
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Introduction To Lucia Et Al. V. Securities And Exchange Commission, Selina Malherbe
Introduction To Lucia Et Al. V. Securities And Exchange Commission, Selina Malherbe
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Sovereign Immunity - The State Department’S Decision To Recognize And Allow The Claim Of Sovereign Immunity Is Binding Upon The Courts And Is Not Subject To Review Under The Administrative Procedure Act, Robin B. Gray Jr., George P. Shingler
Sovereign Immunity - The State Department’S Decision To Recognize And Allow The Claim Of Sovereign Immunity Is Binding Upon The Courts And Is Not Subject To Review Under The Administrative Procedure Act, Robin B. Gray Jr., George P. Shingler
Georgia Journal of International & Comparative Law
No abstract provided.
Against Administrative Judges, Kent H. Barnett
Against Administrative Judges, Kent H. Barnett
Scholarly Works
The single largest cadre of federal adjudicators goes largely ignored by scholars, policymakers, courts, and even litigating parties. These Administrative Judges or “AJs,” often confused with well-known federal Administrative Law Judges or “ALJs,” operate by the thousands in numerous federal agencies. Yet unlike ALJs, the significantly more numerous AJs preside over less formal hearings and have no significant statutory protections to preserve their impartiality. The national press has recently called attention to the alleged unfairness of certain ALJ proceedings, and regulated parties have successfully enjoined agencies’ use of ALJs. While fixes are necessary for ALJ adjudication, any solution that ignores …
The Hearing Examiners And The Administrative Procedure Act, 1937-1960, Joanna L. Grisinger
The Hearing Examiners And The Administrative Procedure Act, 1937-1960, Joanna L. Grisinger
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Simplifying The Standard Of Review In North Carolina Administrative Appeals, Sarah H. Ludington
Simplifying The Standard Of Review In North Carolina Administrative Appeals, Sarah H. Ludington
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Department Of Agriculture's Rules Of Practice: Do They Still Serve Both The Department's And The Public's Needs?, Peter M. Davenport
The Department Of Agriculture's Rules Of Practice: Do They Still Serve Both The Department's And The Public's Needs?, Peter M. Davenport
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Final Decision Authority And The Central Panel Alj, Larry J. Craddock
Final Decision Authority And The Central Panel Alj, Larry J. Craddock
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Fundamental Fairness, Judicial Efficiency And Uniformity: Revisiting The Administrative Procedure Act, Daniel F. Solomon
Fundamental Fairness, Judicial Efficiency And Uniformity: Revisiting The Administrative Procedure Act, Daniel F. Solomon
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Evaluation: Where Are We? Where Are We Going?, Ronnie A. Yoder
Evaluation: Where Are We? Where Are We Going?, Ronnie A. Yoder
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Adapting The Central Panel System: A Study Of Seven States, Malcolm Rich
Adapting The Central Panel System: A Study Of Seven States, Malcolm Rich
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
When Administrative Law Judges Rule The World: Wooley V. State Farm - Does A Denial Of Agency-Initiated Judicial Review Of Alj Final Orders Violate The Constitutional Doctrine Of Separation Of Powers?, April Rolen-Ogden
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Are You Willing To Make The Commitment In Writing? The Apa, Aljs, And Ssa, Jeffrey Scott Wolfe
Are You Willing To Make The Commitment In Writing? The Apa, Aljs, And Ssa, Jeffrey Scott Wolfe
Oklahoma Law Review
No abstract provided.
Expanding The Judicial Power Of The Administrative Law Judge To Establish Efficiency And Fairness In Administrative Adjudication, C. Stuart Greer
Expanding The Judicial Power Of The Administrative Law Judge To Establish Efficiency And Fairness In Administrative Adjudication, C. Stuart Greer
University of Richmond Law Review
How is an administrative law judge ("ALJ") to know his role in the modern bureaucracy? On the one hand, the law requires the ALJ to adjudicate legal disputes between the government agency and the individual, and on the other hand, a black-robed member of the judicial branch in- structs him that he is out of his jurisdiction. Who wins in this decades-long battle for turf?