Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 20 of 20

Full-Text Articles in Law

Naalj Membership Application And Questionnaire, Alice Won Jun 2014

Naalj Membership Application And Questionnaire, Alice Won

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Pepperdine University School Of Law Legal Summaries, Hsuan Li Jun 2014

Pepperdine University School Of Law Legal Summaries, Hsuan Li

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


City Of Arlington V. Fcc: Jurisdictional Or Nonjurisdictional, Where To Draw The Line?, Whitney Ruijuan Hao Jun 2014

City Of Arlington V. Fcc: Jurisdictional Or Nonjurisdictional, Where To Draw The Line?, Whitney Ruijuan Hao

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Hidden Risks Of Taking Generic Drugs Over Brand Name: The Impact Of Drug Labeling Regulations On Injured Consumers And The Pharmaceutical Industry , Samantha Koopman Jun 2014

Hidden Risks Of Taking Generic Drugs Over Brand Name: The Impact Of Drug Labeling Regulations On Injured Consumers And The Pharmaceutical Industry , Samantha Koopman

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Fixing Disability Courts, D. Randall Frye Jun 2014

Fixing Disability Courts, D. Randall Frye

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Fighting Dirty Sidewalk Tickets In New York City, Sean Roman Strockyj Jun 2014

Fighting Dirty Sidewalk Tickets In New York City, Sean Roman Strockyj

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


California Year In Review: 2013 Special Education Alj Decisions, Ruth Colker Jun 2014

California Year In Review: 2013 Special Education Alj Decisions, Ruth Colker

Journal of the National Association of Administrative Law Judiciary

This article reviews 74 special education cases decided by California ALJs between January 1, 2013 and December 11, 2013. The author concludes that the ALJs provided stingy relief even when students prevailed, there was often unsuccessful litigation on behalf of a student following the termination of a consent decree or court order, many of the cases reflected negative attitudes towards the mothers of the student, and school districts often preferred more restrictive placements than the parent/student. Not surprisingly, students faced very unfavorable outcomes when they were not represented by a lawyer.


The Hearing Examiners And The Administrative Procedure Act, 1937-1960, Joanna L. Grisinger Jun 2014

The Hearing Examiners And The Administrative Procedure Act, 1937-1960, Joanna L. Grisinger

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Naalj Membership Application And Questionnaire, Alice Won May 2014

Naalj Membership Application And Questionnaire, Alice Won

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Legal Summaries, Hsuan Li May 2014

Legal Summaries, Hsuan Li

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Disorganized Labor: Is Knox V. Seiu The Nail In The Coffin For Public Sector Unions?, John Stanley May 2014

Disorganized Labor: Is Knox V. Seiu The Nail In The Coffin For Public Sector Unions?, John Stanley

Journal of the National Association of Administrative Law Judiciary

This note offers a brief history of public sector unions in America and introduces the reader to the Service Employees International Union (SEIU) and its role as a political player. It then lays the legal foundation on which Knox rests and examines the Knox decision itself. This note concludes that Knox is a significant event in the long-term decline of organized public sector labor, which is bound to dwindle along with unionized labor generally.


Missing The Mark: Partial Resolution Of The Application Of Equitable Tolling To Section 16(B) Claims In Credit Suisse Securities (Usa) Llc V. Simmonds, Lydia Park May 2014

Missing The Mark: Partial Resolution Of The Application Of Equitable Tolling To Section 16(B) Claims In Credit Suisse Securities (Usa) Llc V. Simmonds, Lydia Park

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Christopher V. Smithkline Beecham Corporation: A Tough Pill To Swallow For Pharmaceutical Sales Representatives?, Hsuan Li May 2014

Christopher V. Smithkline Beecham Corporation: A Tough Pill To Swallow For Pharmaceutical Sales Representatives?, Hsuan Li

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Waist-Deep In Nuclear Waste: How The Nrc Can Rebuild Confidence In A Stalled Waste Management Program, Emily Casey May 2014

Waist-Deep In Nuclear Waste: How The Nrc Can Rebuild Confidence In A Stalled Waste Management Program, Emily Casey

Journal of the National Association of Administrative Law Judiciary

This comment will explain why the federal nuclear waste management program is at a standstill and will suggest a course of action for the NRC to help revive the program. Part II describes the environmental hazards of spent nuclear fuel and the federal government’s effort to site and build a geologic repository for this nuclear waste. Part III explains the role of the NRC in the nuclear regulatory scheme and how safety and environmental regulations are promulgated and enforced. Part IV narrows in on the NRC rulemakings called the “Waste Confidence Decision” and “Temporary Storage Rule,” and the reasons why …


Resolving The Alj Quandary, Kent Barnett May 2014

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 …


Simplifying The Standard Of Review In North Carolina Administrative Appeals, Sarah H. Ludington May 2014

Simplifying The Standard Of Review In North Carolina Administrative Appeals, Sarah H. Ludington

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Department Of Agriculture's Rules Of Practice: Do They Still Serve Both The Department's And The Public's Needs?, Peter M. Davenport May 2014

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.


Administrative Adjudications In New Jersey: Why Not Let The Alj Decide?, Richard M. Hluchan May 2014

Administrative Adjudications In New Jersey: Why Not Let The Alj Decide?, Richard M. Hluchan

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Final Decision Authority And The Central Panel Alj, Larry J. Craddock May 2014

Final Decision Authority And The Central Panel Alj, Larry J. Craddock

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Conception To Distribution: Vertical Integration In The Television Production And Isp Industry , Megan Sieffert Jan 2014

Conception To Distribution: Vertical Integration In The Television Production And Isp Industry , Megan Sieffert

The Journal of Business, Entrepreneurship & the Law

The intersecting regulations of agencies, stemming from the duties of the FCC, the FTC, and the DOJ to protect competition and television consumers, have been innovative in permitting two goals. First, allowing companies to pursue these integrations and, second, placing conditions on integrations to prevent potential harms that could come from developing media giants. As the market continues to consolidate, with companies having more access to the ability to distribute through alternative middlemen, and as they have the opportunity to gain popularity through social media networks and word of mouth, the healthy competition seen in the former entertainment industry is …