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Articles 31 - 60 of 62

Full-Text Articles in Law

Exclusion Of The Press: Herald Company Inc. V. Weisenberg, N.Y. Supreme Court Appellate Division -- First Department Apr 2013

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 Apr 2013

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 Apr 2013

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 Apr 2013

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 Apr 2013

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 Apr 2013

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.


Similarities And Differences Between Judges In The Judicial Branch And The Executive Branch: The Further Evolution Of Executive Adjudications Under The Administrative Central Panel, Christopher B. Mcneil Apr 2013

Similarities And Differences Between Judges In The Judicial Branch And The Executive Branch: The Further Evolution Of Executive Adjudications Under The Administrative Central Panel, Christopher B. Mcneil

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The New York Administrative Corps Proposal: Another View, William J. Cowan Apr 2013

The New York Administrative Corps Proposal: Another View, William J. Cowan

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Administrative Law Judge And An Ethical Ideal Of The Judicial Role, Robert F. Ladenson Apr 2013

The Administrative Law Judge And An Ethical Ideal Of The Judicial Role, Robert F. Ladenson

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Comments On "The Active Administrative Law Judge: Is There Harm In An Alj Asking?", Nigel G. Wright Apr 2013

Comments On "The Active Administrative Law Judge: Is There Harm In An Alj Asking?", Nigel G. Wright

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Strengthening The Skills Of Administrative Law Judges, Kenneth Nickolai Apr 2013

Strengthening The Skills Of Administrative Law Judges, Kenneth Nickolai

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Civil Rights Are Civil Rights Are Civil Rights: The Inapplicability Of Preclusion To Unreviewed State Administrative Decisions , Heather Rutland Apr 2013

Civil Rights Are Civil Rights Are Civil Rights: The Inapplicability Of Preclusion To Unreviewed State Administrative Decisions , Heather Rutland

Journal of the National Association of Administrative Law Judiciary

This Comment addresses the history and intent behind administrative law and agency decision-making, and examines the differences between administrative proceedings and their judicial counterparts. Part II explains the history and effect of claim preclusion. Part III discusses the foundations of Administrative Law. Part IV reviews the Supreme Court's treatment of the preclusive effects of unreviewed agency determinations in civil rights cases, with particular focus on civil rights cases arising under Title VII, the ADEA, and §1983. Part V addresses the necessity and importance of judicial review of administrative agency findings. Part VI reviews the history and purpose of the civil …


Appendix V - Selected Agency Procedural Rules, Morell E. Mullins Apr 2013

Appendix V - Selected Agency Procedural Rules, Morell E. Mullins

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Appendix Iv - Books, Articles (Federal & State) & State (Books & Articles), Morell E. Mullins Apr 2013

Appendix Iv - Books, Articles (Federal & State) & State (Books & Articles), Morell E. Mullins

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Appendix Iii - Selected Bibliography: Trial Manuals, Style Manuals, And Works On Writing, Morell E. Mullins Apr 2013

Appendix Iii - Selected Bibliography: Trial Manuals, Style Manuals, And Works On Writing, Morell E. Mullins

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Appendix Ii - Selected Bibliography: Alternative Dispute Resolution, Morell E. Mullins Apr 2013

Appendix Ii - Selected Bibliography: Alternative Dispute Resolution, Morell E. Mullins

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Appendix I - Forms, Morell E. Mullins Apr 2013

Appendix I - Forms, Morell E. Mullins

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Manual For Administrative Law Judges, Morell E. Mullins Apr 2013

Manual For Administrative Law Judges, Morell E. Mullins

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Surviving The Politics Of Judging: National Association Of Adminsitrative Law Judges Luncheon Address, September 13, 1999 , Penny J. White Apr 2013

Surviving The Politics Of Judging: National Association Of Adminsitrative Law Judges Luncheon Address, September 13, 1999 , Penny J. White

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Aljs In 2050: Consequences Of Merging Tort And Administrative Remedies, James T. O'Reilly Apr 2013

Aljs In 2050: Consequences Of Merging Tort And Administrative Remedies, James T. O'Reilly

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 Apr 2013

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.


The Role Of Demeanor Evidence In Determining Credibility Of Witnesses In Fact Finding: The Views Of Aljs, Gregory L. Ogden Apr 2013

The Role Of Demeanor Evidence In Determining Credibility Of Witnesses In Fact Finding: The Views Of Aljs, Gregory L. Ogden

Journal of the National Association of Administrative Law Judiciary

Prof. Ogden presents the views of administrative law judge’s on the role of demeanor evidence in determining the credibility of witnesses’ testimony in fact finding. The opinions of administrative law judges add an important new perspective on the issue of whether demeanor evidence increases the accuracy of credibility determinations. The views of administrative law judges were determined through the techniques of survey research, utilizing a questionnaire. After defining demeanor evidence for purposes of the study, Ogden explains the administrative law principle of judicial review that gives weight or deference to credibility determinations based on demeanor evidence. A statistical analysis of …


Oregon's Hearing Officer Panel , Thomas E. Ewing Apr 2013

Oregon's Hearing Officer Panel , Thomas E. Ewing

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


An Overview Of Whistleblower Protection Claims At The United States Department Of Labor, William Dorsey Apr 2013

An Overview Of Whistleblower Protection Claims At The United States Department Of Labor, William Dorsey

Journal of the National Association of Administrative Law Judiciary

This article gives an overview of whistleblower protection adjudications at the U.S. Department of Labor's Office of Administrative Law Judges. Section I introduces the whistleblower protection statutes that give rise to the complaints adjudicated by the Secretary of Labor. Section II reviews earlier statutes that have protected employees from job retaliation and identifies several whistleblower statutes the Secretary of Labor does not administer, but refers to for guidance in interpreting and applying her employee protection programs; these statutes may permit judicial remedies. Section III familiarizes the reader with key concepts in whistleblower protection litigation. Among these are the need to …


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.


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.


Resolving The Alj Quandary, Kent H. Barnett Mar 2013

Resolving The Alj Quandary, Kent H. Barnett

Scholarly Works

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 "Hidden Judiciary": An Empirical Examination Of Executive Branch Justice, Chris Guthrie, Jeffrey J. Rachlinski, Andrew J. Wistrich Apr 2009

The "Hidden Judiciary": An Empirical Examination Of Executive Branch Justice, Chris Guthrie, Jeffrey J. Rachlinski, Andrew J. Wistrich

Cornell Law Faculty Publications

Administrative law judges attract little scholarly attention, yet they decide a large fraction of all civil disputes. In this Article, we demonstrate that these executive branch judges, like their counterparts in the judicial branch, tend to make predominantly intuitive rather than predominantly deliberative decisions. This finding sheds new light on executive branch justice by suggesting that judicial intuition, not judicial independence, is the most significant challenge facing these important judicial officers.


Administrative Law Judges: Past, Present And Future, John Paul Jones Jan 1992

Administrative Law Judges: Past, Present And Future, John Paul Jones

Law Faculty Publications

Prof. Jones' account of the history of administrative law judges. The text of this article is taken from his address at the annual conference and seminar of the National Association of Administrative Law Judges, held October 16-19, 1991 in Richmond, Virginia.