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

Law Commons

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

Articles 1 - 4 of 4

Full-Text Articles in Law

Computer Literacy For Administrative Law Judges, Emilio Jaksetic Apr 2013

Computer Literacy For Administrative Law Judges, Emilio Jaksetic

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Judicial Review Of Forest Service Decisions Made Pursuant To The National Forest Management Act's Substantive Requirements: Time For A Science Court?, Kristen Potter Apr 2013

Judicial Review Of Forest Service Decisions Made Pursuant To The National Forest Management Act's Substantive Requirements: Time For A Science Court?, Kristen Potter

Journal of the National Association of Administrative Law Judiciary

This article is divided into five sections. Section I reviews the legal and historical background of forest law, culminating in NFMA, and establishes why many believe that the NFMA provides a greater role for courts. Section II presents the underpinnings of judicial review and deference to administrative agencies, such as the Forest Service. Section III provides examples of the deference applied in challenges to the Forest Service's attempted compliance with NFMA's diversity requirements. Section IV discusses the benefits and shortcomings of a specialized court in addressing the criticisms of the present system. Section V concludes that a specialized court is …


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.


Bates V. Dow Agrosciences: Overcoming Federal Preemption And Giving The People A Voice , Kim Ly Apr 2013

Bates V. Dow Agrosciences: Overcoming Federal Preemption And Giving The People A Voice , Kim Ly

Journal of the National Association of Administrative Law Judiciary

This note explores the U.S. Supreme Court's ruling in Bates v. Dow Agrosciences LLC. Part II discusses the historical background and procedural history of the case. Part III lays out the facts of the Bates case. Part IV analyzes the majority opinion given by Justice Stevens and Justice Breyer's concurring opinion, and the opinion of Justice Thomas, concurring in part and dissenting in part. Part V considers Bates's judicial, legislative and administrative impact. Part VI concludes the discussion of the Bates decision.