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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 …
How A Diverse Administrative Law Judge Field Fosters Longevity And Public Confidence, Judith A. Parker
How A Diverse Administrative Law Judge Field Fosters Longevity And Public Confidence, Judith A. Parker
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 …
Fixing Disability Courts, D. Randall Frye
Fixing Disability Courts, D. Randall Frye
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 …
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.
Statement Of The Association Of Administrative Law Judges: Committee On Ways And Means, Subcommittee On Social Security, D. Randall Frye
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.
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.
Naalj News, David J. Agatstein
Naalj News, David J. Agatstein
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
President's Page How To Become A Federal Administrative Law Judge, David J. Agatstein
President's Page How To Become A Federal Administrative Law Judge, David J. Agatstein
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
A Breach Too Far: The Assault On Judges' Professionalism By The Office Of Hearings And Appeals, Edd Wheeler
A Breach Too Far: The Assault On Judges' Professionalism By The Office Of Hearings And Appeals, Edd Wheeler
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.
The Active Administrative Law Judge: Is There Harm In An Alj Asking?, Allen E. Shoenberger
The Active Administrative Law Judge: Is There Harm In An Alj Asking?, Allen E. Shoenberger
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Issues For Consideration, Marshall L. Rosenberg, David Weisenberg
Issues For Consideration, Marshall L. Rosenberg, David Weisenberg
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Memorial Fund Established For Mary Lou Berry, David J. Agatstein
Memorial Fund Established For Mary Lou Berry, David J. Agatstein
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Book Reviews, David J. Agatstein
Book Reviews, David J. Agatstein
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Proposed New Examination For Federal Administrative Law Judge: An Exchange, Craig B. Pettibone, David J. Agatstein, Edwin S. Bernstein, Marvin H. Morse, Evan L. Hultman
The Proposed New Examination For Federal Administrative Law Judge: An Exchange, Craig B. Pettibone, David J. Agatstein, Edwin S. Bernstein, Marvin H. Morse, Evan L. Hultman
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Necessary Qualities Of An Administrative Law Judge: Manual For Administrative Law Judges, Morgan E. Thompson
The Necessary Qualities Of An Administrative Law Judge: Manual For Administrative Law Judges, Morgan E. Thompson
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
This Alj Said Too Much: Prison Hearing Officer Charges Michigan Department Of Corrections With First Amendment Violations And Race Discrimination, Carolyn Amadon
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Federal Administrative Law Judge Examination (Revisited), David J. Agatstein
Federal Administrative Law Judge Examination (Revisited), David J. Agatstein
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.
A Return To First Principles: Rethinking Alj Compromises, Jeffrey A. Wertkin
A Return To First Principles: Rethinking Alj Compromises, Jeffrey A. Wertkin
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Role Of The Administrative Law Judge, Ronnie A. Yoder
The Role Of The Administrative Law Judge, Ronnie A. Yoder
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Adjudications By Administrative Law Judges Pursuant To The Social Security Act Are Adjudications Pursuant To The Administrative Procedure Act , Robin J. Arzt
Adjudications By Administrative Law Judges Pursuant To The Social Security Act Are Adjudications Pursuant To The Administrative Procedure Act , Robin J. Arzt
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.
Ncalj Panel Discussion: Alj Decisions - Final Or Fallible?, Jim Flanagan, Jim Rossi, John Hardwicke, Tyrone T. Butler
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 Sanctioning Authority Of Hearing Officers In Special Education Cases, Salma A. Khaleq
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 …