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Full-Text Articles in Law

Pepperdine University School Of Law Legal Summaries, Analise Nuxoll Jun 2019

Pepperdine University School Of Law Legal Summaries, Analise Nuxoll

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


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 …


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 …


Florida's Aljs: Maintaining A Different Balance , F. Scott Boyd Apr 2013

Florida's Aljs: Maintaining A Different Balance , F. Scott Boyd

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Agency Exercise Of Legislative Power And Alj Veto Authority, Daniel Manry Apr 2013

Agency Exercise Of Legislative Power And Alj Veto Authority, Daniel Manry

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 Apr 2013

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.


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 Apr 2013

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.