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Pepperdine University

Journal of the National Association of Administrative Law Judiciary

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Articles 241 - 265 of 265

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The Deliberative Process Privilege In Kentucky, Erin Hoffman Apr 2013

The Deliberative Process Privilege In Kentucky, Erin Hoffman

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Ncalj Panel Discussion: Alj Decisions - Final Or Fallible?, Jim Flanagan, Jim Rossi, John Hardwicke, Tyrone T. Butler Apr 2013

Ncalj Panel Discussion: Alj Decisions - Final Or Fallible?, Jim Flanagan, Jim Rossi, John Hardwicke, Tyrone T. Butler

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Texas State Office Of Administrative Hearings: Establishing Independent Adjudicators In Contested Case Proceedings While Preserving The Power Of Institutional Decision-Making, Ron Beal Apr 2013

The Texas State Office Of Administrative Hearings: Establishing Independent Adjudicators In Contested Case Proceedings While Preserving The Power Of Institutional Decision-Making, Ron Beal

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Policymaking By The Administrative Judiciary , Charles H. Koch Jr. Apr 2013

Policymaking By The Administrative Judiciary , Charles H. Koch Jr.

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Accommodating Alj Decision Making Independence With Institutional Interests Of The Administrative Judiciary, Harold J. Krent, Lindsay Duvall Apr 2013

Accommodating Alj Decision Making Independence With Institutional Interests Of The Administrative Judiciary, Harold J. Krent, Lindsay Duvall

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 Apr 2013

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.


No More Secrets: Under Ballard V. Commissioner, Special Trial Judge Reports Must Be Revealed , Katherine Kmiec Turner Apr 2013

No More Secrets: Under Ballard V. Commissioner, Special Trial Judge Reports Must Be Revealed , Katherine Kmiec Turner

Journal of the National Association of Administrative Law Judiciary

This case note evaluates Ballard v. Commissioner, its roots, and its impact on the Tax Court and administrative agencies. First, the history of the United States Tax Court is provided with a focus on the special trial judges and the structure of Tax Court Rule that was the central focus of Ballard. Second, there is a brief comparison of other positions, such as a magistrate, to the special trial judge. Third, this article simplifies the complicated, prior history of Ballard that includes three different petitioners, weeks of trial, and numerous courts proceedings and opinions. Fourth, the Ballard opinion is analyzed …


Reaching Out Or Overreaching: Judicial Ethics And Self-Represented Litigants , Cynthia Gray Apr 2013

Reaching Out Or Overreaching: Judicial Ethics And Self-Represented Litigants , Cynthia Gray

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Administrative Judiciary's Independence Myth, James E. Moliterno Apr 2013

The Administrative Judiciary's Independence Myth, James E. Moliterno

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Active Bar Membership October 15, 2007 Federal Administrative Law Judges: A Critique Of The "Active" Bar Membership Regulation , David J. Agatstein Apr 2013

Active Bar Membership October 15, 2007 Federal Administrative Law Judges: A Critique Of The "Active" Bar Membership Regulation , David J. Agatstein

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 Apr 2013

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.


Self-Represented Litigants And The Access To Justice Revolution In The State Courts: Cross-Pollinating Perspectives Toward A Dialogue For Innovation In The Courts And The Administrative System, Richard Zorza Apr 2013

Self-Represented Litigants And The Access To Justice Revolution In The State Courts: Cross-Pollinating Perspectives Toward A Dialogue For Innovation In The Courts And The Administrative System, Richard Zorza

Journal of the National Association of Administrative Law Judiciary

In the last ten to fifteen years, state courts have responded to a tidal wave of self-represented litigants with a wide range of innovations that are fundamentally transforming the courts. These innovations impact the whole system and range from new ways of accepting cases into the system to innovative courtroom procedures and management practices, and from a more proactive process of managing the flow of cases to innovations that help make sure that the parties comply with the court's orders. Indeed, the Self-Represented Litigation Network, a national network of groups working for access to justice for the self-represented, has identified …


What Is "(Im)Partial Enough" In A World Of Embedded Neutrals, Nancy A. Welsh Mar 2013

What Is "(Im)Partial Enough" In A World Of Embedded Neutrals, Nancy A. Welsh

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Ordinary Administrative Law As Constitutional Common Law , Gillian E. Metzger Mar 2013

Ordinary Administrative Law As Constitutional Common Law , Gillian E. Metzger

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Naalj Membership Application And Questionnaire, Katherine Bowles Mar 2013

Naalj Membership Application And Questionnaire, Katherine Bowles

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Master Or Chancellor? The Workers' Compensation Judge And Adjudicatory Power, David B. Torrey Mar 2013

Master Or Chancellor? The Workers' Compensation Judge And Adjudicatory Power, David B. Torrey

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Sanctioning Authority Of Hearing Officers In Special Education Cases, Salma A. Khaleq Mar 2013

The Sanctioning Authority Of Hearing Officers In Special Education Cases, Salma A. Khaleq

Journal of the National Association of Administrative Law Judiciary

Under the Individuals with Disabilities Education Act (IDEA or the Act), children with disabilities are entitled to a free, appropriate public education (FAPE). The Act provides a procedural safeguard for children and their parents seeking to challenge a state or local educational agency's educational plan for the child in the form of a due process hearing presided over by a hearing officer or an administrative law judge (ALJ). This article describes the current case law concerning the authority of ALJs to sanction parties and attorneys for misconduct during these special education proceedings. Due to the limited number of cases available …


Buying A Judicial Seat For Appeal: Caperton V. A.T. Massey Coal Company, Inc., Is Right Out Of A John Grisham Novel, Richard Gillespie Mar 2013

Buying A Judicial Seat For Appeal: Caperton V. A.T. Massey Coal Company, Inc., Is Right Out Of A John Grisham Novel, Richard Gillespie

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Supreme Court's Take On Immigration In Nken V. Holder: Reaffirming A Traditional Standard That Affords Courts More Time And Flexibility To Decide Immigration Appeals Before Deporting Aliens, Elizaveta Kabanova Mar 2013

The Supreme Court's Take On Immigration In Nken V. Holder: Reaffirming A Traditional Standard That Affords Courts More Time And Flexibility To Decide Immigration Appeals Before Deporting Aliens, Elizaveta Kabanova

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Louisiana's Division Of Administrative Law: An Independent Administrative Hearings Tribunal , Ann Wise Mar 2013

Louisiana's Division Of Administrative Law: An Independent Administrative Hearings Tribunal , Ann Wise

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Accountability In The Administrative Law Judiciary: The Right And The Wrong Kind, Edwin L. Felter Jr Mar 2013

Accountability In The Administrative Law Judiciary: The Right And The Wrong Kind, Edwin L. Felter Jr

Journal of the National Association of Administrative Law Judiciary

This article discusses and evaluates several forms of accountability in the administrative law judiciary, and compares them with prevalent forms of accountability in the judicial branch. Felter argues that codes of judicial conduct, as well as formal enforcement mechanisms, work together to maintain a balance of independence and accountability in the administrative law judiciary. The article analyzes the "right kinds" of accountability as distinguished from the "wrong kind" of accountability, i.e., political accountability. The article maintains that decisional independence is the cornerstone of any properly functioning adjudication system. The price of decisional independence is accountability to concepts and mechanisms other …


Greater Independence For Aljs Plus Cost Savings For Agencies: The Coast Guard Model, Walter J. Brudzinski Mar 2013

Greater Independence For Aljs Plus Cost Savings For Agencies: The Coast Guard Model, Walter J. Brudzinski

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Summary Of Administrative Law Judge Responsibilities, Daniel F. Solomon Mar 2013

Summary Of Administrative Law Judge Responsibilities, Daniel F. Solomon

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Closing An Administrative Loophole: Ethics For The Administrative Judiciary, Diana Gillis Mar 2013

Closing An Administrative Loophole: Ethics For The Administrative Judiciary, Diana Gillis

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Education For Judicial Aspirants, Keith R. Fisher Mar 2013

Education For Judicial Aspirants, Keith R. Fisher

Journal of the National Association of Administrative Law Judiciary

Introductory judicial education (IJE) is an avenue for improving both appointive and elective systems of judicial selection. The impetus for considering this topic can be traced back to lingering unease with judicial selection and the ongoing (though now somewhat stagnant) debate over merit selection. Moreover, changes in the nature of law practice and the judicial role over the past several decades have rendered the gap between those two activities increasingly large. Moreover, surveys of minority communities have consistently demonstrated a far lower degree of confidence in the impartiality and fairness of our nation’s judges. IJE is an effort to maximize …