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The Need For A Central Panel Approach To Administrative Adjudication: Pros, Cons, And Selected Practices, Malcolm C. Rich, Alison C. Goldstein
The Need For A Central Panel Approach To Administrative Adjudication: Pros, Cons, And Selected Practices, Malcolm C. Rich, Alison C. Goldstein
Journal of the National Association of Administrative Law Judiciary
The goal of this report is to document the growth of the central panel movement that has now emerged in a majority of states. This research is designed to provide data-informed recommendations to states and municipalities considering the adoption of a central panel system or the enlargement of the jurisdiction encompassed by an existing central panel as well as to states considering the adoption of a more final decision-making authority for their central panel ALJs. The work is also intended to inform the debate over whether the central panel approach is something that the federal government should consider. This research …
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.
Humphrey’S Executor Squared: Free Enterprise Fund V. Public Company Accounting Oversight Board And Its Implications For Administrative Law Judges, Robert S. Garrison Jr.
Humphrey’S Executor Squared: Free Enterprise Fund V. Public Company Accounting Oversight Board And Its Implications For Administrative Law Judges, Robert S. Garrison Jr.
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Alj Central Panels: How Is It Going Out There?, W. Michael Gillette
Alj Central Panels: How Is It Going Out There?, W. Michael Gillette
Journal of the National Association of Administrative Law Judiciary
For over 40 years, administrative law mavens have touted the desirability of “central panels,” i.e., panels of administrative law judges who, instead of being attached to a single administrative agency, are assigned to a “central,” “independent” panel that supplies administrative law judges to conduct contested case hearings for a variety of agencies. More than half the states have listened to the siren call and have created such panels — the earliest (California’s) as far back as 1946. As one who at first opposed, but later supported the creation of such a panel in his home state, Oregon, the author now …
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 …
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.
Administrative Adjudications In New Jersey: Why Not Let The Alj Decide?, Richard M. Hluchan
Administrative Adjudications In New Jersey: Why Not Let The Alj Decide?, Richard M. Hluchan
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.
Statement Of The Association Of Administrative Law Judges, Inc., Officers And Board
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
Administrative Hearings: State Central Panels In The 1990s, Allen Hoberg
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.
The Courting Of Credibility, A Nervous Mistress, Edd Wheeler
The Courting Of Credibility, A Nervous Mistress, Edd Wheeler
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Louisiana Public Service Commission V. Cheathon: Error Of Alj In Not Citing A Party For Contempt For Failure To Appear At A Hearing, Kevin J. Riley
Louisiana Public Service Commission V. Cheathon: Error Of Alj In Not Citing A Party For Contempt For Failure To Appear At A Hearing, Kevin J. Riley
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Unseen Hand In Administrative Law Decisions: Organizing Principles For Findings Of Fact & (And) Conclusions Of Law, Michael Frost
The Unseen Hand In Administrative Law Decisions: Organizing Principles For Findings Of Fact & (And) Conclusions Of Law, Michael Frost
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Collegiality Among Administrative Law Judges - As Well As Independence - Would Be Lost If Judges Are Evaluated By Chief Judges On Policy Correctness, Richard L. Sippel
Collegiality Among Administrative Law Judges - As Well As Independence - Would Be Lost If Judges Are Evaluated By Chief Judges On Policy Correctness, Richard L. Sippel
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Maintaining The Balance Between Judicial Independence And Judicial Accountability In Administrative Law, Edwin L. Felter Jr.
Maintaining The Balance Between Judicial Independence And Judicial Accountability In Administrative Law, Edwin L. Felter Jr.
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Yoder - Hardwicke Dialogue: Does Mandatory Quality Assurance Oversight Of Alj Decisions Violate Alj Decisional Independence, Due Process Or Ex Parte Prohibitions?, Ronnie A. Yoder, John Hardwicke
Yoder - Hardwicke Dialogue: Does Mandatory Quality Assurance Oversight Of Alj Decisions Violate Alj Decisional Independence, Due Process Or Ex Parte Prohibitions?, Ronnie A. Yoder, John Hardwicke
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Evaluation Of Administrative Law Judges: Premises, Means, And Ends, Ann Marshall Young
Evaluation Of Administrative Law Judges: Premises, Means, And Ends, Ann Marshall Young
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Security Of Tenure Of Administrative Law Judges: How Much Can An Alj Say And Still Stay An Alj?, Allen Shoenberger
Security Of Tenure Of Administrative Law Judges: How Much Can An Alj Say And Still Stay An Alj?, Allen Shoenberger
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Public Perceptions Of Justice: Judicial Independence And Accountability , John L. Kane Jr
Public Perceptions Of Justice: Judicial Independence And Accountability , John L. Kane Jr
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Administrative Judiciary: Alj's In Historical Perspective, Michael Asimow
The Administrative Judiciary: Alj's In Historical Perspective, Michael Asimow
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Alj Final Orders On Appeal: Balancing Independence With Accountability, Jim Rossi
Alj Final Orders On Appeal: Balancing Independence With Accountability, Jim Rossi
Journal of the National Association of Administrative Law Judiciary
This essay addresses how ALJ final order authority in many state systems of administrative governance (among them Florida, Louisiana, Missouri, and South Carolina) poses a tension between independence and accountability. It is argued that political accountability is sacrificed where reviewing courts defer to ALJ final orders on issues of law and policy. Standards of review provide state courts with a way of restoring the balance between independence and accountability, but reviewing courts should heighten the deference they give to the agency's legal and policy positions -- giving little or no deference to the ALJ on these issues -- even where …
The New York Administrative Corps Proposal: Another View, William J. Cowan
The New York Administrative Corps Proposal: Another View, William J. Cowan
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Should The State Pay The Fees Of Claimant Representatives In Unemployment Insurance Hearings?, Paul Wyler
Should The State Pay The Fees Of Claimant Representatives In Unemployment Insurance Hearings?, Paul Wyler
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Administrative Law Judge And An Ethical Ideal Of The Judicial Role, Robert F. Ladenson
The Administrative Law Judge And An Ethical Ideal Of The Judicial Role, Robert F. Ladenson
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Strengthening The Skills Of Administrative Law Judges, Kenneth Nickolai
Strengthening The Skills Of Administrative Law Judges, Kenneth Nickolai
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Critical Factors Of Adjudication: Language And The Adjudication Process In Executive And Judicial Branch Decisions, Christopher B. Mcneil
Critical Factors Of Adjudication: Language And The Adjudication Process In Executive And Judicial Branch Decisions, Christopher B. Mcneil
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Advancing The Judicial Independence And Efficiency Of The Administrative Judiciary: A Report To The President-Elect Of The United States, Federal Administrative Law Judges Conference
Advancing The Judicial Independence And Efficiency Of The Administrative Judiciary: A Report To The President-Elect Of The United States, Federal Administrative Law Judges Conference
Journal of the National Association of Administrative Law Judiciary
No abstract provided.