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West Virginia University

1979

Judges

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The Judicialization Of Federal Administrative Law Judges: Implications For Policymaking, Gerald M. Pops Feb 1979

The Judicialization Of Federal Administrative Law Judges: Implications For Policymaking, Gerald M. Pops

West Virginia Law Review

Students of the American federal administrative legal process have long debated the question of whether those persons charged with the responsibility for developing and conducting the formal hearing process and for making "initial decisions" in agency adjudication should act more like judges or more like administrators. Advocates of the judicial model of behavior seek to inject into the administrative process certain values inherent and traditional in Anglo-American courts. These values particularly, although not exclusively, include the protection of the personal, property and procedural rights of private citizens which have been developed by judges acting in their traditional capacities as makers …