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Articles 31 - 60 of 95
Full-Text Articles in Law
Administrative Adjudication Total Quality Management: The Only Way To Reduce Costs And Delays Without Sacrificing Due Process, Edwin L. Felter Jr
Administrative Adjudication Total Quality Management: The Only Way To Reduce Costs And Delays Without Sacrificing Due Process, Edwin L. Felter Jr
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Striving For Efficiency In Administrative Litigation: North Carolina's Office Of Administrative Hearings, Julian Mann Iii
Striving For Efficiency In Administrative Litigation: North Carolina's Office Of Administrative Hearings, Julian Mann Iii
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Note: Flatford V. Chater: No Absolute Due Process Right To Subpoena A Physician Providing Post-Hearing Evidence At A Social Security Disability Hearing, James L. Hoyle
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.
Security Clearance Review: Employees Of American Industry Vis-A-Vis Civil Servants And Military Members, Robert Robinson Gales
Security Clearance Review: Employees Of American Industry Vis-A-Vis Civil Servants And Military Members, Robert Robinson Gales
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Administrative Law Judges Under Fire: Association Of Administrative Law Judges, Inc. V. Heckler, David J. Agatstein
Administrative Law Judges Under Fire: Association Of Administrative Law Judges, Inc. V. Heckler, David J. Agatstein
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Richard S. Schweiker V William Mcclure, David J. Agatstein
Richard S. Schweiker V William Mcclure, David J. Agatstein
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Parole Revocation Procedures In Kentucky, Harry J. Rothgerber Jr., J. W. Deese
Parole Revocation Procedures In Kentucky, Harry J. Rothgerber Jr., J. W. Deese
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Judicial Impartiality In Employment Cases - Judge As Witness Before Himself: Walter Lee Hearne V. Wayne Sherman, Health Director Of Chatham County, Monique Shamun
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Is The Rule Of Necessity Really Necessary In State Administrative Law: The Central Panel Solution, Arnold Rochvarg
Is The Rule Of Necessity Really Necessary In State Administrative Law: The Central Panel Solution, Arnold Rochvarg
Journal of the National Association of Administrative Law Judiciary
The rule of necessity is a judicial doctrine that permits a judge or agency decision maker to decide a case even if he or she would ordinarily be disqualified due to bias or prejudice . The rationale of the doctrine is that if there is no other person who can make the decision, let the biased person decide the case rather than have no decision made at all. The rule of necessity has been used in state administrative proceedings liberally despite the fact that it is widely recognized as unfair. This article analyzes current approaches to the doctrine, and after …
Administrative Law In Minnesota, William Brown
Administrative Law In Minnesota, William Brown
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Striking A Balance: The Conflict Between Safety And Due Process Rights - The Practical Implications Of Zadvydas V. Davis, Alicia Brown
Striking A Balance: The Conflict Between Safety And Due Process Rights - The Practical Implications Of Zadvydas V. Davis, Alicia Brown
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.
Court Of Special Appeals Of Maryland Holds No Res Judicata, No Double Jeopardy, And No Due Process Violation In State Employee Termination. Maryland State Department Of Education V. Douglas Shoop, Sama Shabib
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Administrative Law Judges, Judicial Independence, And Judicial Review: Qui Custodiet Ipsos Custodes?, W. Michael Gillette
Administrative Law Judges, Judicial Independence, And Judicial Review: Qui Custodiet Ipsos Custodes?, W. Michael Gillette
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Breaking Terror's Bank Without Breaking The Law: A Comment On The Usa Patriot Act And The United States Financial War On Terrorism , Carrie L. Folendorf
Breaking Terror's Bank Without Breaking The Law: A Comment On The Usa Patriot Act And The United States Financial War On Terrorism , Carrie L. Folendorf
Journal of the National Association of Administrative Law Judiciary
This comment will discuss the effect of abandoning our Constitution in times of crisis by discussing how Executive Order 13,224 and the USA PATRIOT Act infringe upon our fundamental First Amendment freedoms of association, and how they violate the Due Process Clause of the Fifth Amendment by withholding notice and the opportunity to be heard. Part II will outline legislation which demonstrates how the United States has historically dealt with freezing the assets of designated terrorists, and will include a discussion of the provisions in the Anti-Terrorism and Effective Death Penalty Act of 1996 (AEDPA) and the USA PATRIOT Act …
Special Populations: Mobilization For Change
Special Populations: Mobilization For Change
Touro Law Review
This Article is based on a transcript of a break-out discussion which took place at An Obvious Truth: Creating an Action Blueprint for a Civil Right to Counsel in New York State, held at Touro Law Center, Central Islip, New York, in March 2008. The discussion was moderated by Karen L. Nicolson, Michael Williams, and Toby Golick.
This Article assesses the needs of various special populations and the possible strategies and solutions to create change through enacting a civil right to counsel. The Article is intended to capture information and viewpoints of the people who participated in the break-out discussion …
Gideon Meets Goldberg: The Case For A Qualified Right To Counsel In Welfare Hearings, Stephen Loffredo, Don Friedman
Gideon Meets Goldberg: The Case For A Qualified Right To Counsel In Welfare Hearings, Stephen Loffredo, Don Friedman
Touro Law Review
In Goldberg v. Kelly, the Supreme Court held that welfare recipients have a right under the Due Process Clause to notice and a meaningful opportunity to be heard before the state may terminate assistance. However, the Court stopped short of holding due process requires states to appoint counsel to represent claimants at these constitutionally mandated hearings. As a result, in the vast majority of administrative hearings involving welfare benefits, claimants- desperately poor, and often with little formal education- must appear pro se while trained advocates represent the government. Drawing on the theory of underenforced constitutional norms, first articulated by Dean …
Sheltering Counsel: Towards A Right To A Lawyer In Eviction Proceedings, Raymond H. Brescia
Sheltering Counsel: Towards A Right To A Lawyer In Eviction Proceedings, Raymond H. Brescia
Touro Law Review
This Article provides an overview of the current arguments presented by advocates who seek to establish a right to counsel for indigent tenants in eviction proceedings and assesses the strength of those arguments in the current political, social, and economic milieu. It is beyond question that the overwhelming majority of low-income tenants are unrepresented in proceedings in which their homes are in jeopardy and having counsel in such proceedings often prevents eviction and homelessness. Preventing those evictions reduces the human cost of homelessness, saves government substantial money by not having to provide shelter to the homeless, and preserves the stock …
Keynote Address: The Evolution And Importance Of Creating A Civil Right To Counsel, Wade Henderson
Keynote Address: The Evolution And Importance Of Creating A Civil Right To Counsel, Wade Henderson
Touro Law Review
No abstract provided.
The Time For Civil Gideon Is Now, Bernice K. Leber
The Time For Civil Gideon Is Now, Bernice K. Leber
Touro Law Review
No abstract provided.
Advocating For A Civil Right To Counsel In New York State, Kathryn G. Madigan
Advocating For A Civil Right To Counsel In New York State, Kathryn G. Madigan
Touro Law Review
No abstract provided.
Introduction, Andrew Scherer
Practicalities And Peculiarities: The Heightened Due Process Standard For Notice Under Jones V. Flower, Emily Riley
Practicalities And Peculiarities: The Heightened Due Process Standard For Notice Under Jones V. Flower, Emily Riley
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Scales Tip In Favor Of Parents In Winkelman V. Parma City School District, Nidya Aldana Paredes
The Scales Tip In Favor Of Parents In Winkelman V. Parma City School District, Nidya Aldana Paredes
Journal of the National Association of Administrative Law Judiciary
This case note presents a thorough examination of the Supreme Court's recent opinion in Winkelman and its effect on parents and school districts involved in special education law. Part II relates the historical background of special education law with an emphasis on the role of parents. In Part III the facts of the Winkelman decision are summarized. Part IV sets forth an analytical critique of the Supreme Court majority and dissenting opinions. Then Part V of the article contains the impact of the Winkelman decision on special education law in general and on parents and school districts. Part VI concludes …
Fair Play: The Tension Between An Athletic Association's Regulatory Power And Free Speech Rights Of Member Schools - The Practical Implications Of Tennessee V. Brentwood, Aaron Echols
Journal of the National Association of Administrative Law Judiciary
This case note focuses on the development of free speech rights and how those free speech rights co-exist with the rights of administrative bodies to regulate the speech and behavior of members. In particular, this case note examines the tension between the free speech rights of member schools trying to advertise the benefits of attending their school and the regulatory interests of an athletic association seeking to ensure fair athletic competition and academic priority over athletics.
Due Process; A Detached Judge; And Enemy Combatants, Julian Mann Iii
Due Process; A Detached Judge; And Enemy Combatants, Julian Mann Iii
Journal of the National Association of Administrative Law Judiciary
In the landmark administrative law decision of Goldberg v. Kelly, Justice Brennan stated that an “impartial decision maker is essential” to procedural due process. As a corollary, in the more recent decision of Hamdi v. Rumsfeld, Justice O'Connor stated that “due process requires a neutral and a detached judge in the first instance.” Thus, the due process clauses of the Fifth and Fourteenth Amendments to the U.S. Constitution require that the essential element of neutrality remain an integral part of any administrative hearing. There can be no departure from this fundamental guarantee of constitutional due process for the administrative hearings …
The Right To Counsel For Indians Accused Of Crime: A Tribal And Congressional Imperative, Barbara L. Creel
The Right To Counsel For Indians Accused Of Crime: A Tribal And Congressional Imperative, Barbara L. Creel
Michigan Journal of Race and Law
Native American Indians charged in tribal court criminal proceedings are not entitled to court appointed defense counsel. Under well-settled principles of tribal sovereignty, Indian tribes are not bound by Fifth Amendment due process guarantees or Sixth Amendment right to counsel. Instead, they are bound by the procedural protections established by Congress in the Indian Civil Rights Act of 1968. Under the Indian Civil Rights Act (ICRA), Indian defendants have the right to counsel at their own expense. This Article excavates the historical background of the lack of counsel in the tribal court arena and exposes the myriad problems that it …
Watch Your Step: Recovery For Inmate Slip And Fall - Rodriguez V. City Of New York, Brittany A. Fiorenza
Watch Your Step: Recovery For Inmate Slip And Fall - Rodriguez V. City Of New York, Brittany A. Fiorenza
Touro Law Review
No abstract provided.