Open Access. Powered by Scholars. Published by Universities.®

Judges Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 218

Full-Text Articles in Judges

Administrative Judges And Agency Policy Development: The Koch Way, Ronald M. Levin Dec 2013

Administrative Judges And Agency Policy Development: The Koch Way, Ronald M. Levin

William & Mary Bill of Rights Journal

Among the creative contributions that the late Charles H. Koch, Jr., made to administrative law thinking was his exploration of the present and potential role of administrative judges as policymakers. Charles stood in firm opposition to recent trends that, in his view, had served to strengthen the policymaking role of administrative judges at the expense of agency heads. He insisted that ultimate control over the policy direction of a program should rest with the officials who have been appointed to administer that program. While adhering to this baseline, however, Charles gravitated over time toward a nuanced view that sought to …


Hierarchically Variable Deference To Agency Interpretations, Aaron-Andrew P. Bruhl Dec 2013

Hierarchically Variable Deference To Agency Interpretations, Aaron-Andrew P. Bruhl

Faculty Publications

When courts review agency action, they typically accord agency decisions a degree of deference. As many courts and commentators have recognized, the law in this area is complicated because it features numerous standards of review, including several distinct regimes for evaluating agencies’ legal interpretations. There is, however, at least one important respect in which uniformity rather than variety prevails: the applicable standards of review do not vary depending on which court is reviewing the agency. Whichever standard governs a particular case—Chevron, Skidmore, or something else—all courts in the judicial hierarchy are supposed to apply that same standard.

This Article proposes …


Naalj Membership Application And Questionnaire, Tiffany Bacon Nov 2013

Naalj Membership Application And Questionnaire, Tiffany Bacon

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Civil Justice Reform In Social Security Adjudications, Jeffrey S. Wolfe Nov 2013

Civil Justice Reform In Social Security Adjudications, Jeffrey S. Wolfe

Journal of the National Association of Administrative Law Judiciary

Part I of this Article explores the actions of the Social Security Administration over time, both as related directly to the role of the administrative law judge in the case management process and to the agency's management of the backlog crisis generally, examining the cultural environment of bureaucratic management that has, despite the passage of decades, failed to remedy a persistent animus between the agency and its cadre of administrative law judges to the public detriment. Part II next examines the core attributes of the managerial judge and contrasts this in Part III with the agency's handling of the backlog …


Fundamental Fairness, Judicial Efficiency And Uniformity: Revisiting The Administrative Procedure Act, Daniel F. Solomon Nov 2013

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.


Statement Of The Association Of Administrative Law Judges: Committee On Ways And Means, Subcommittee On Social Security, D. Randall Frye Nov 2013

Statement Of The Association Of Administrative Law Judges: Committee On Ways And Means, Subcommittee On Social Security, D. Randall Frye

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Footnote Online Supplement: State Truancy Law Compilation, Dean H. Rivkin Oct 2013

Footnote Online Supplement: State Truancy Law Compilation, Dean H. Rivkin

College of Law Faculty Scholarship

This compilation of state truancy laws is being provided as a footnote supplement to the forthcoming article No Child Left Behind? Representing Youth and Families in Truancy Matters (2013) by Prof. Dean Hill Rivkin and Brenda McGee, of The Education Law Practicum at the University of Tennessee College of Law. It is an updated version of the laws listed in the Juvenile Law Center’s excellent amicus curiae brief in Bellevue School District v. E.S., Brief of Juvenile Law Center, et al., As Amicus Curiae on Behalf of Respondent, Bellevue Sch. Dist. v. E.S., 257 P.3d 570 (Wash. 2011) …


Naalj Membership Application And Questionnaire, Tiffany Bacon Aug 2013

Naalj Membership Application And Questionnaire, Tiffany Bacon

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Statement Of The Association Of Administrative Law Judges, Inc., Officers And Board May 2013

Statement Of The Association Of Administrative Law Judges, Inc., Officers And Board

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Administrative Hearings: State Central Panels In The 1990s, Allen Hoberg May 2013

Administrative Hearings: State Central Panels In The 1990s, Allen Hoberg

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


About Naalj, David J. Agatstein Apr 2013

About Naalj, David J. Agatstein

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Management Of Federal Agency Adjudication, Jeffrey S. Lubbers Apr 2013

Management Of Federal Agency Adjudication, Jeffrey S. Lubbers

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


About Naalj, David J. Agatstein Apr 2013

About Naalj, David J. Agatstein

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Judges Under Fire - Alj Independence At Issue, Debra Cassens Moss Apr 2013

Judges Under Fire - Alj Independence At Issue, Debra Cassens Moss

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Clarence Thomas And Administrative Law, William Funk Apr 2013

Clarence Thomas And Administrative Law, William Funk

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Contempt Powers Of The Administrative Law Judge, Joyce Krutick Barlow Apr 2013

Contempt Powers Of The Administrative Law Judge, Joyce Krutick Barlow

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Administrative Law Judges: Past, Present And Future, John Paul Jones Apr 2013

Administrative Law Judges: Past, Present And Future, John Paul Jones

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


About Naalj, David J. Agatstein Apr 2013

About Naalj, David J. Agatstein

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Constitution And Bylaws Of The National Association Of Administrative Law Judges, David J. Agatstein Apr 2013

Constitution And Bylaws Of The National Association Of Administrative Law Judges, David J. Agatstein

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Court Of Appeals Review Of Administrative Law Judges' Findings And Opinions , Patricia M. Wald Apr 2013

Court Of Appeals Review Of Administrative Law Judges' Findings And Opinions , Patricia M. Wald

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


About Naalj, David J. Agatstein Apr 2013

About Naalj, David J. Agatstein

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Model Code Of Judicial Conduct For Federal Administrative Law Judges , National Conference Of Administrative Law Judges, Judicial Administration Division, American Bar Association Apr 2013

Model Code Of Judicial Conduct For Federal Administrative Law Judges , National Conference Of Administrative Law Judges, Judicial Administration Division, American Bar Association

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Judicial Deference To Administrative Interpretations Of Law, Antonin Scalia Apr 2013

Judicial Deference To Administrative Interpretations Of Law, Antonin Scalia

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Editorial, David J. Agatstein Apr 2013

Editorial, David J. Agatstein

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


About Naalj, David J. Agatstein Apr 2013

About Naalj, David J. Agatstein

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Kansas City Welcomes Naalj October 17-20, 1990, David J. Agatstein Apr 2013

Kansas City Welcomes Naalj October 17-20, 1990, David J. Agatstein

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


President's Message, Barbara Lundin Kovarovic Apr 2013

President's Message, Barbara Lundin Kovarovic

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


About Naalj, David J. Agatstein Apr 2013

About Naalj, David J. Agatstein

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Letter From The Editor, David J. Agatstein Apr 2013

Letter From The Editor, David J. Agatstein

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


1992-1993 Index, Edward J. Schoenbaum Apr 2013

1992-1993 Index, Edward J. Schoenbaum

Journal of the National Association of Administrative Law Judiciary

No abstract provided.