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Articles 31 - 60 of 128
Full-Text Articles in Law
Primary Jurisdiction And State Courts: A Modern Proposal For Uniformity, William B. Haseltine
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.
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.
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.
The Department Of Administrative Hearings For The City Of Chicago: A New Method Of Municipal Code Enforcement,, James M. Reilly, Joseph D. Condo, Matthew W. Beaudet
The Department Of Administrative Hearings For The City Of Chicago: A New Method Of Municipal Code Enforcement,, James M. Reilly, Joseph D. Condo, Matthew W. Beaudet
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
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.
The Georgia Office Of State Administrative Hearings, Mark A. Dickerson
The Georgia Office Of State Administrative Hearings, Mark A. Dickerson
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Unreviewability In State Administrative Law, Charles H. Koch Jr.
Unreviewability In State Administrative Law, Charles H. Koch Jr.
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Is The Rule Of Necessity Really Necessary In State Administrative Law: The Central Panel Solution, Arnold Rochvarg
Is The Rule Of Necessity Really Necessary In State Administrative Law: The Central Panel Solution, Arnold Rochvarg
Journal of the National Association of Administrative Law Judiciary
The rule of necessity is a judicial doctrine that permits a judge or agency decision maker to decide a case even if he or she would ordinarily be disqualified due to bias or prejudice . The rationale of the doctrine is that if there is no other person who can make the decision, let the biased person decide the case rather than have no decision made at all. The rule of necessity has been used in state administrative proceedings liberally despite the fact that it is widely recognized as unfair. This article analyzes current approaches to the doctrine, and after …
The New York Administrative Corps Proposal: Another View, William J. Cowan
The New York Administrative Corps Proposal: Another View, William J. Cowan
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Methods Of Funding Central Panels: The Fiscal, Management, And Policy Implications, Bruce H. Johnson
Methods Of Funding Central Panels: The Fiscal, Management, And Policy Implications, Bruce H. Johnson
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Strengthening The Skills Of Administrative Law Judges, Kenneth Nickolai
Strengthening The Skills Of Administrative Law Judges, Kenneth Nickolai
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Illuminating A Bureaucratic Shadow World: Precedent Decisions Under California's Revised Administrative Procedure Act , Michael Douglas Jacobs
Illuminating A Bureaucratic Shadow World: Precedent Decisions Under California's Revised Administrative Procedure Act , Michael Douglas Jacobs
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Ten Years Later: The Progress Of State Central Panels, Allen C. Hoberg
Ten Years Later: The Progress Of State Central Panels, Allen C. Hoberg
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Oregon Supreme Court Determination Concerning Appellate Court Jurisdiction For Judicial Review Of Nonfinal Orders Arising Out Of Contested Cases. Oregon Health Care Association V. Health Division And Jill D. Laney, Hearing Officer, Monique Shamun
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
New Jersey's Office Of Administrative Law: The Importance Of Initial Choices , Jeff S. Masin
New Jersey's Office Of Administrative Law: The Importance Of Initial Choices , Jeff S. Masin
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Oregon's Hearing Officer Panel , Thomas E. Ewing
Oregon's Hearing Officer Panel , Thomas E. Ewing
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Deliberative Process Privilege In Kentucky, Erin Hoffman
The Deliberative Process Privilege In Kentucky, Erin Hoffman
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Question Of Constitutionality: How Separate Are The Powers? The Administrative And Social Ramifications Of Lockyer V. City And County Of San Francisco, Kristin Ecklund
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Finding A Compromise: The Struggle Between Federal Regulation And State Sovereignty - Analyzing The Effects Of Mid-Con Freight Systems, Inc. V. Michigan Public Service Commission , Sindy Lie
Journal of the National Association of Administrative Law Judiciary
This case note will explore the U.S. Supreme Court's ruling in Mid-Con Freight Systems, Inc. v. Michigan Public Service Commission. Part II will outline the historical background of the law at hand. Part III will lay out the essential facts of the case. Part IV will analyze and critique the majority and dissenting opinions. Part V will discuss the legal, administrative, and societal impact of the holding. Finally, Part VI will conclude the case note.
Turning Back The Clock: The California Supreme Court's Decision In Mcclung V. Employment Development Department And The Difficulty Of Determining Legislative Intent In Retroactive Rulemaking , Jeffrey R. Groendal
Turning Back The Clock: The California Supreme Court's Decision In Mcclung V. Employment Development Department And The Difficulty Of Determining Legislative Intent In Retroactive Rulemaking , Jeffrey R. Groendal
Journal of the National Association of Administrative Law Judiciary
Against the backdrop of McClung, this note will explore the principle of retroactivity, tracing its development at the national level in the U.S. Supreme Court and at the state level with respect to California courts. Part II of this note addresses the history and development of jurisprudence on retroactivity, focusing on the traditional roles of the Judicial and Legislative Branches and the major cases of both the U.S. Supreme Court and California courts on retroactivity. Part III sets out the facts of McClung. Part IV analyzes and critiques the court's opinions in McClung, with a separate analysis of the history …
When Administrative Law Judges Rule The World: Wooley V. State Farm - Does A Denial Of Agency-Initiated Judicial Review Of Alj Final Orders Violate The Constitutional Doctrine Of Separation Of Powers?, April Rolen-Ogden
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Napa To New York With The Click Of A Mouse: The Dormant Commerce Clause And The Direct Shipment Of Wine To Consumers As Discussed In Granholm V. Heald , Shirlene Love
Journal of the National Association of Administrative Law Judiciary
This case note examines the U.S. Supreme Court's decision in Granholm v Heald. Part II will explore the history of the Dormant Commerce Clause and Twenty-First Amendment; Part III will present the facts of the case; Part IV will discuss and analyze the majority and two dissenting opinions; Part V will speculate about the future impact of this decision; and Part VI will conclude.
Know Your Audience: How Nyc Tribunals Have Addressed Self-Represented Litigants And Increased Access To Justice, Sherry M. Cohen, Joanna Weiss
Know Your Audience: How Nyc Tribunals Have Addressed Self-Represented Litigants And Increased Access To Justice, Sherry M. Cohen, Joanna Weiss
Journal of the National Association of Administrative Law Judiciary
The first rule of communication is to know your audience. The “audience” at hearings in New York City (NYC) tribunals is mostly comprised of self-represented respondents with Limited English Proficiency. In order to provide full access to the hearing process, NYC tribunals must know and understand the needs of this audience of respondents. The challenge is not only to keep this audience engaged, but also to ensure that it can navigate and fully participate in the hearing process. Tribunals must communicate in a way that protects the respondents' rights and affords them an opportunity to be heard. NYC tribunals, especially …
Turning Their Lives Around: California Cities Pioneer Gang Injunction Removal Procedures , Brittany Vannoy
Turning Their Lives Around: California Cities Pioneer Gang Injunction Removal Procedures , Brittany Vannoy
Journal of the National Association of Administrative Law Judiciary
This comment analyzes the new opt-out procedures being pioneered in California jurisdictions, with special emphasis on the City of Los Angeles. It further seeks to report on the effectiveness and repercussions of such procedures. Part II gives a general overview of gang injunctions, introducing more specifically what they are, when they are necessary, to whom and where they apply, how they work, and how they are enforced, primarily looking at procedural guidelines drafted by the Los Angeles City Attorney's Office. Part III addresses the constitutionality of gang injunctions, with a brief discussion of relevant statutes and case law that have …
Louisiana's Division Of Administrative Law: An Independent Administrative Hearings Tribunal , Ann Wise
Louisiana's Division Of Administrative Law: An Independent Administrative Hearings Tribunal , Ann Wise
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
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 …
The Government's Role In The "Purification" Of Religious Organizations, Robert L. Toms, Lisa A. Runquist
The Government's Role In The "Purification" Of Religious Organizations, Robert L. Toms, Lisa A. Runquist
Pepperdine Law Review
No abstract provided.
Joint Custody As A Parenting Alternative, Billy G. Mills, Steven P. Belzer
Joint Custody As A Parenting Alternative, Billy G. Mills, Steven P. Belzer
Pepperdine Law Review
Joint custody of children has been a recently accepted alternative to the traditional child custody/visitation orders that usually follow dissolution proceedings. In 1980, California became one of the first states to provide, by statute, a presumption in favor of an award of joint custody to the parents. The authors present the legislative history of this joint custody statute and synthesize the various views that have been expressed on the subject of joint custody. Also presented is a discussion of the legislative intent behind the statute and whether the current law is the most effective means of protecting the best interests …
Legislative Update: Revisions In The California Drunk Driving Law, A. Randall Farnsworth
Legislative Update: Revisions In The California Drunk Driving Law, A. Randall Farnsworth
Pepperdine Law Review
No abstract provided.
State Preemption Of Cable Television Regulation — Whatever Happened To The Sanctity Of Contract?, William M. Marticorena, Lynda E. Marticorena
State Preemption Of Cable Television Regulation — Whatever Happened To The Sanctity Of Contract?, William M. Marticorena, Lynda E. Marticorena
Pepperdine Law Review
California Government Code section 53066.1 as recently amended gives cable television operators the right to obtain rate increases even in the face of the city or county franchisor opposition. Since most cable franchise agreements allow the franchisor to control rates for the cable service, there is a conflict between the statute and the franchise contracts. This article examines the issue of whether the statute violates the constitutional provisions against the impairment of contracts and whether the franchisor or a subscriber of the service has the necessary standing to assert the constitutional argument.