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Full-Text Articles in Law

Chevron Deference In The States: Lessons From Three States, Carrie Townsend Ingram Jun 2019

Chevron Deference In The States: Lessons From Three States, Carrie Townsend Ingram

Journal of the National Association of Administrative Law Judiciary

The appointment of Justice Neil Gorsuch to the Supreme Court of the United States has left many wondering if a change to the Chevron doctrine is impending. Justice Gorsuch’s colleague on the Court, Justice Clarence Thomas, shares similar views on Chevron. This article will compare the federal rule to three different states: Indiana, Delaware, and Arizona. Each state has taken a different path in determining that the judiciary should not give deference to an agency’s interpretation of the statutes that it is charged with enforcing. Delaware has affirmatively declared that the Chevron doctrine is not applicable in its state. A …


Is It Safe To Speak Up Now? Evaluating The Expansion Of Whistleblower Protection Act Jurisdiction, Gil Landau Apr 2017

Is It Safe To Speak Up Now? Evaluating The Expansion Of Whistleblower Protection Act Jurisdiction, Gil Landau

Journal of the National Association of Administrative Law Judiciary

Whistleblowers have uncovered billions of dollars of fraud and severe national security threats. Nonetheless, for many years, federal employee whistleblowers faced retaliation and termination. Congress passed the Whistleblower Protection Act (WPA) in an attempt to protect federal employee whistleblowers. But, the exclusive court for WPA appeals, the Federal Circuit, ignored Congressional intent and limited the WPA’s protections. In 2013, Congress responded by creating a five year experiment, known as “all circuit review,” to determine if WPA claims should also be appealable to the regional circuits. Over the past three years, all circuit review has led to modest changes in WPA …


A Look Back: Developing Indiana Law; Post-Bench Reflections Of An Indiana Supreme Court Justice; Selected Developments In Indiana Administrative Law (1989-2012), Frank Sullivan Jr. Nov 2015

A Look Back: Developing Indiana Law; Post-Bench Reflections Of An Indiana Supreme Court Justice; Selected Developments In Indiana Administrative Law (1989-2012), Frank Sullivan 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 Nov 2015

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.


Transparency In Administrative Courts: From The Outside Looking In, Elizabeth Figueroa Nov 2015

Transparency In Administrative Courts: From The Outside Looking In, Elizabeth Figueroa

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Women Of Color In The Judiciary: An American Dream, Charles Z. Smith Apr 2013

Women Of Color In The Judiciary: An American Dream, Charles Z. Smith

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Opening The Floodgates Of Decision-Making At The Missouri Administrative Hearing Commission, Daniel R.E. Jordan Apr 2013

Opening The Floodgates Of Decision-Making At The Missouri Administrative Hearing Commission, Daniel R.E. Jordan

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Florida's Continuing Experiment With The Central Panel Process: The Division Of Administrative Hearings, William R. Dorsey Apr 2013

Florida's Continuing Experiment With The Central Panel Process: The Division Of Administrative Hearings, William R. Dorsey

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Administrative Adjudication Total Quality Management: The Only Way To Reduce Costs And Delays Without Sacrificing Due Process, Edwin L. Felter Jr Apr 2013

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.


Marco V. Doherty: Forcing An Agency To Play By Its Own Rules: Administrative Res Judicata, Matt Bove Apr 2013

Marco V. Doherty: Forcing An Agency To Play By Its Own Rules: Administrative Res Judicata, Matt Bove

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Many Faces Of High-Volume Administrative Adjudication: Structure, Organization, And Management, Daniel L. Skoler Apr 2013

The Many Faces Of High-Volume Administrative Adjudication: Structure, Organization, And Management, Daniel L. Skoler

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 Apr 2013

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.


Possible Application Of The Rooker-Feldman Doctrine To State Agency Decisions: The Seventh Circuit's Opinion In Van Harken V. City Of Chicago, Rebecca Schmucker Apr 2013

Possible Application Of The Rooker-Feldman Doctrine To State Agency Decisions: The Seventh Circuit's Opinion In Van Harken V. City Of Chicago, Rebecca Schmucker

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Res Judicata: California V. Sims, Alan Saltzman Apr 2013

Res Judicata: California V. Sims, Alan Saltzman

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Primary Jurisdiction And State Courts: A Modern Proposal For Uniformity, William B. Haseltine Apr 2013

Primary Jurisdiction And State Courts: A Modern Proposal For Uniformity, William B. Haseltine

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Managing Your Docket Effectively And Efficiently, Edward J. Schoenbaum Apr 2013

Managing Your Docket Effectively And Efficiently, Edward J. Schoenbaum

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Administrative Procedure Act And The Military Departments, Thomas R. Folk Apr 2013

The Administrative Procedure Act And The Military Departments, Thomas R. Folk

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Impeachment In Administrative Cases, Calvin William Sharpe Apr 2013

Impeachment In Administrative Cases, Calvin William Sharpe

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Sequestering Witnesses: Does The Practice Interfere With Defendants' Constitutional Rights?, Harold Baer Jr. Apr 2013

Sequestering Witnesses: Does The Practice Interfere With Defendants' Constitutional Rights?, Harold Baer Jr.

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Naalj Affiliates With The National Center For The State Courts: Agreement, Margaret Giovanniello, Keith L. Bumsted Apr 2013

Naalj Affiliates With The National Center For The State Courts: Agreement, Margaret Giovanniello, Keith L. Bumsted

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Federal Court Interpretation Of Attorney's Fees Provision Of Equal Access To Justice Act As It Applies To Hearings Of The United States Department Of Agriculture: United States Department Of Agriculture V. Lane, Tamara Carnovsky Apr 2013

Federal Court Interpretation Of Attorney's Fees Provision Of Equal Access To Justice Act As It Applies To Hearings Of The United States Department Of Agriculture: United States Department Of Agriculture V. Lane, Tamara Carnovsky

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Agency Determination Concerning Delegation Of Sovereign's Pipeline Eminent Domain Power To Public Utility Interstate Pipeline Based Upon "Public Need" Comports With Dormant Commerce Clause: Substantial Evidence Review Applied To Public Need Determination: Lakehead Pipeline Company V. Illinois Commerce Commission, S. Ellyn Farley Apr 2013

Agency Determination Concerning Delegation Of Sovereign's Pipeline Eminent Domain Power To Public Utility Interstate Pipeline Based Upon "Public Need" Comports With Dormant Commerce Clause: Substantial Evidence Review Applied To Public Need Determination: Lakehead Pipeline Company V. Illinois Commerce Commission, S. Ellyn Farley

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Deferential Review Of An Administrative Agency's Decision In Federal District Court: International College Of Surgeons V. City Of Chicago , Karen L. Vinzant Apr 2013

Deferential Review Of An Administrative Agency's Decision In Federal District Court: International College Of Surgeons V. City Of Chicago , Karen L. Vinzant

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.


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.


A Specialized Court For Social Security? A Critique Of Recent Proposals, Robert E. Rains Apr 2013

A Specialized Court For Social Security? A Critique Of Recent Proposals, Robert E. Rains

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


October Term, 1999: The Supreme Court's Last Term Of The Twentieth Century, Increasing Deference To Administrative Agencies , Allen E. Shoenberger Apr 2013

October Term, 1999: The Supreme Court's Last Term Of The Twentieth Century, Increasing Deference To Administrative Agencies , Allen E. Shoenberger

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Geier V. American Honda Motor Company, Inc. Has The Supreme Court Extended The Pre-Emption Doctrine Too Far?, Joseph Mulherin Apr 2013

Geier V. American Honda Motor Company, Inc. Has The Supreme Court Extended The Pre-Emption Doctrine Too Far?, Joseph Mulherin

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Christensen V. Harris County: Pumping Chevron For All It's Worth - Defining The Limits Of Chevron Deference, Naaman Asir Fiola Apr 2013

Christensen V. Harris County: Pumping Chevron For All It's Worth - Defining The Limits Of Chevron Deference, Naaman Asir Fiola

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Judicial Fitness For Review Of Complex Biotechnology Issues In Patent Litigation: Technical Claim Interpretation, Megan E. Lyman Apr 2013

Judicial Fitness For Review Of Complex Biotechnology Issues In Patent Litigation: Technical Claim Interpretation, Megan E. Lyman

Journal of the National Association of Administrative Law Judiciary

No abstract provided.