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Articles 61 - 68 of 68
Full-Text Articles in Law
Stern V. Marshall, And The Power Of Bankruptcy Courts To Issue Final Orders On All Compulsory Counterclaims, Ronald D. Rotunda
Stern V. Marshall, And The Power Of Bankruptcy Courts To Issue Final Orders On All Compulsory Counterclaims, Ronald D. Rotunda
Ronald D. Rotunda
Article III of the Constitution grants federal district judges, appellate court judges, and Supreme Court Justices important constitutional protections (lifetime tenure and no salary diminution) to guarantee their independence. However, the Supreme Court has allowed Congress to create, under Article I, a different class of judges (called "Article I judges"). These judges (such as tax court and bankruptcy court judges) do not have Article III protection and thus do not share Article III independence. Although we might think of Article I judges as administrative law hearing officers, they do exercise some judge-like powers. The extent of those powers raises fundamental …
What Should We Do About Social Security Disability Appeals?, Richard J. Pierce Jr
What Should We Do About Social Security Disability Appeals?, Richard J. Pierce Jr
GW Law Faculty Publications & Other Works
Applicants for Social Security Disability benefits whose applications have twice been rejected can appeal that decision to one of the agency’s administrative law judges (ALJs). The appeals process is heavily weighted in the applicant’s favor: the agency is not represented in the appeal hearing, all government employees participating in the hearing have a duty to assist the applicant, the ALJ himself does not have medical expertise, and as a practical matter ALJ decisions are final. As a result, appellants have an extremely high success rate before ALJs, even though agency analyses indicate that a large number of these successful appellants …
The "Hidden Judiciary": An Empirical Examination Of Executive Branch Justice, Chris Guthrie, Jeffrey J. Rachlinski, Andrew J. Wistrich
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.
Perceptions Of Fairness In State Administrative Hearings, Chris Mcneil
Perceptions Of Fairness In State Administrative Hearings, Chris Mcneil
Christopher B. McNeil, J.D., Ph.D.
A recent study of license suspension hearings suggests that while participants do see central panel adjudications as being fairer, overall there is a profound level of distrust, hopelessness, and anger on the part of those whose licenses are at stake and those who serve in the defense of licensees.
Similarities And Differences Between Judges In The Judicial Branch And The Executive Branch: The Further Evolution Of Executive Adjudications Under The Administrative Central Panel, Chris Mcneil
Christopher B. McNeil, J.D., Ph.D.
No abstract provided.
Administrative Law Judges: Past, Present And Future, John Paul Jones
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.
Book Review. Judges, Bureaucrats, And The Question Of Independence By Donna Price Cofer, William D. Popkin
Book Review. Judges, Bureaucrats, And The Question Of Independence By Donna Price Cofer, William D. Popkin
Articles by Maurer Faculty
No abstract provided.
Protecting The Independence Of Administrative Law Judges: A Model Administrative Law Judge Corps Statute, Karen Y. Kauper
Protecting The Independence Of Administrative Law Judges: A Model Administrative Law Judge Corps Statute, Karen Y. Kauper
University of Michigan Journal of Law Reform
This Note concludes that the federal government should adopt some form of central panel system to protect both the independence of the ALJs and the public interest. Part I of this Note presents several alternatives to the central panel systems that have been proposed in past years and discusses their inadequacies. Part II summarizes the arguments concerning the central panel system of administrative adjudication. Part III discusses several of the integral elements of a central panel system and analyzes the state statutes and the proposed federal legislation in light of these elements. Finally, Part IV proposes a model statute for …