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Full-Text Articles in Law
Administrative Law Judges And The Erosion Of The Administrative State: Why Jarkesy May Be The Straw That Breaks The Camel's Back, Nicholas D'Addio
Administrative Law Judges And The Erosion Of The Administrative State: Why Jarkesy May Be The Straw That Breaks The Camel's Back, Nicholas D'Addio
Catholic University Law Review
The Trump-era unitary executive movement sought to expand presidential
power and shrink the influence of the administrative state through deregulation.
This movement ripples into the present moment, as Trump’s overhaul of the
federal judiciary installed a comprehensive system to delegitimize
administrative agency action— a system that is certain to endure. The
independence and role of administrative law judges (ALJs) has proven a key
target of the movement. Most recently, in the 2022 case of Jarkesy v. Securities
and Exchange Commission, the Fifth Circuit held that the dual-tiered for-cause
removal protections of SEC ALJs violated the Take Care Clause of Article …
An Attempt To Bring Modern Workplace Realities To The Social Security Disability Adjudication System, Robert E. Rains
An Attempt To Bring Modern Workplace Realities To The Social Security Disability Adjudication System, Robert E. Rains
Dickinson Law Review (2017-Present)
No abstract provided.
Resolving Alj Removal Protections Problem Following Lucia, Spencer Davenport
Resolving Alj Removal Protections Problem Following Lucia, Spencer Davenport
University of Michigan Journal of Law Reform
When the Supreme Court decided Lucia v. SEC and held that administrative law judges (ALJs) are Officers under the Constitution, the Court opened a flood of constitutional issues around the status of ALJs and related government positions. One central issue relates to ALJs’ removal protections. ALJs currently have two layers of protection between them and the President. In an earlier Supreme Court decision, the Court held that two layers of tenure protection between an “Officer of the United States” and the President was unconstitutional as it deprived the President the power to hold his officers accountable. As impartial adjudicators, ALJs …
The Death Of Judicial Independence In Turkey: A Lesson For Others, Edwin L. Felter Jr., Oyku Didem Aydin
The Death Of Judicial Independence In Turkey: A Lesson For Others, Edwin L. Felter Jr., Oyku Didem Aydin
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Non-Alj Adjudicators In Federal Agencies: Status, Selection, Oversight, And Removal, Kent H. Barnett, Russell Wheeler
Non-Alj Adjudicators In Federal Agencies: Status, Selection, Oversight, And Removal, Kent H. Barnett, Russell Wheeler
Georgia Law Review
This article republishes—in substantively similar form—our 2018 report to the Administrative Conference of the United States (ACUS) concerning federal agencies’ adjudicators who are not administrative law judges (ALJs). (We refer to these adjudicators as “non-ALJ Adjudicators” or “non-ALJs.”) As our data indicate, non-ALJs significantly outnumber ALJs. Yet non-ALJs are often overlooked and difficult to discuss as a class because of their disparate titles and characteristics. To obtain more information on non-ALJs, we surveyed agencies on non-ALJs’ hearings and, among other things, the characteristics concerning non-ALJs’ salaries, selection, oversight, and removal. We first present our reported data on these matters, which …
Civil Justice Reform In Social Security Adjudications, Jeffrey S. Wolfe
Civil Justice Reform In Social Security Adjudications, Jeffrey S. Wolfe
Journal of the National Association of Administrative Law Judiciary
Part I of this Article explores the actions of the Social Security Administration over time, both as related directly to the role of the administrative law judge in the case management process and to the agency's management of the backlog crisis generally, examining the cultural environment of bureaucratic management that has, despite the passage of decades, failed to remedy a persistent animus between the agency and its cadre of administrative law judges to the public detriment. Part II next examines the core attributes of the managerial judge and contrasts this in Part III with the agency's handling of the backlog …
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.
The Hidden Executive Branch Judiciary: Colorado's Central Panel Experience - Lessons For The Feds, Edwin L. Felter Jr
The Hidden Executive Branch Judiciary: Colorado's Central Panel Experience - Lessons For The Feds, Edwin L. Felter Jr
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Central Hearing Agency: Theory And Implementation In Maryland, John W. Hardwicke
The Central Hearing Agency: Theory And Implementation In Maryland, John W. Hardwicke
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Judges Under Fire - Alj Independence At Issue, Debra Cassens Moss
Judges Under Fire - Alj Independence At Issue, Debra Cassens Moss
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Contempt Powers Of The Administrative Law Judge, Joyce Krutick Barlow
Contempt Powers Of The Administrative Law Judge, Joyce Krutick Barlow
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Administrative Law Judges: Past, Present And Future, John Paul Jones
Administrative Law Judges: Past, Present And Future, John Paul Jones
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Model Code Of Judicial Conduct For Federal Administrative Law Judges , National Conference Of Administrative Law Judges, Judicial Administration Division, American Bar Association
Model Code Of Judicial Conduct For Federal Administrative Law Judges , National Conference Of Administrative Law Judges, Judicial Administration Division, American Bar Association
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Editorial, David J. Agatstein
Editorial, David J. Agatstein
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Reno In 1981!, David J. Agatstein
Reno In 1981!, David J. Agatstein
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
A Model Code Of Judicial Conduct For State Administrative Law Judges - National Conference Of Administrative Law Judges - American Bar Association, National Conference Of Administrative Law Judges American Bar Association
A Model Code Of Judicial Conduct For State Administrative Law Judges - National Conference Of Administrative Law Judges - American Bar Association, National Conference Of Administrative Law Judges American Bar Association
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Professionalism: A Call To Excellence, Gina L. Hale
Professionalism: A Call To Excellence, Gina L. Hale
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Administrative Law: Working Together For Professionalization - Administrative Law Judges, The Judiciary, And The Community , Elizabeth B. Lacy
Administrative Law: Working Together For Professionalization - Administrative Law Judges, The Judiciary, And The Community , Elizabeth B. Lacy
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.
Adapting The Central Panel System: A Study Of Seven States, Malcolm Rich
Adapting The Central Panel System: A Study Of Seven States, Malcolm Rich
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
New York's Elusive Administrative Law Judge, Monroe I. Katcher Ii
New York's Elusive Administrative Law Judge, Monroe I. Katcher Ii
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Exclusion Of The Press: Herald Company Inc. V. Weisenberg, N.Y. Supreme Court Appellate Division -- First Department
Exclusion Of The Press: Herald Company Inc. V. Weisenberg, N.Y. Supreme Court Appellate Division -- First Department
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Hiring, Etc., Of Aljs In Central Panel States - An Exchange, Joe E. Smith, John W. Maurer, Michael B. Lepp
Hiring, Etc., Of Aljs In Central Panel States - An Exchange, Joe E. Smith, John W. Maurer, Michael B. Lepp
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Hiring, Training And Retention Of Administrative Law Judges In Central Panel States, John William Maurer, Michael B. Lepp
Hiring, Training And Retention Of Administrative Law Judges In Central Panel States, John William Maurer, Michael B. Lepp
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Administrative Law Judges Honored, David J. Agatstein
Administrative Law Judges Honored, David J. Agatstein
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Judges In The Executive Branch And Judges In The Judicial Branch: Similar, Yet Distinct, Thomas G. Welshko
Judges In The Executive Branch And Judges In The Judicial Branch: Similar, Yet Distinct, Thomas G. Welshko
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Panel Discussion On Independence And The Federal Alj, Arthur Fried, Ronald G. Bernoski
Panel Discussion On Independence And The Federal Alj, Arthur Fried, Ronald G. Bernoski
Journal of the National Association of Administrative Law Judiciary
No abstract provided.