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

Law Commons™

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

Journal

Journal of the National Association of Administrative Law Judiciary

Discipline
Keyword
Publication Year

Articles 1 - 30 of 702

Full-Text Articles in Law

Cover, Masthead And Table Of Contents, Ashley Antony Dec 2023

Cover, Masthead And Table Of Contents, Ashley Antony

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Go to article

Major Questions (And Answers): A Call To Quiet The Quartet, Michael Reaves Dec 2023

Major Questions (And Answers): A Call To Quiet The Quartet, Michael Reaves

Journal of the National Association of Administrative Law Judiciary

This Comment calls for action to quiet the Quartet—encouraging executive agencies to mitigate the pernicious impact of MQD. In Part I, this Comment discusses the political landscape in the area of climate action. Part II wades through the nearly forty-year doctrinal shift of delegation—from humble beginnings in a law review article from then-Judge Breyer in 1986, to the application of major questions principles at various stages of agency-deference analyses. Part III discusses the Quartet and its role in MQD as a determinative legal canon. Recent scholarship calls into question if there are multiple iterations of MQD, and whether the most …

Go to article

Unclear Guidelines From The Sentencing Commission And A Prejudiced Warden Result In (Un)Compassionate Release, Mary Trotter Dec 2023

Unclear Guidelines From The Sentencing Commission And A Prejudiced Warden Result In (Un)Compassionate Release, Mary Trotter

Journal of the National Association of Administrative Law Judiciary

Congress first developed compassionate release in 1984, granting federal courts the authority to reduce sentences for “extraordinary and compelling” reasons. Compassionate release allows the Federal Bureau of Prisons (BOP) and inmates to apply for immediate early release on grounds of “particularly extraordinary or compelling circumstances which could not reasonably have been foreseen by the court at the time of sentencing.” Questions remain about how the BOP and the courts grant compassionate release and whether the courts apply the compassionate release guidelines consistently. The uncertainty is due to the lack of clarity from the USSC to define “extraordinary or compelling circumstances,” …

Go to article

Fraud On Airbnb: How To Regulate An Emerging And Problematic Industry, Samuel Mcneal Dec 2023

Fraud On Airbnb: How To Regulate An Emerging And Problematic Industry, Samuel Mcneal

Journal of the National Association of Administrative Law Judiciary

In Section I, this article explains the issues within Airbnb and why they need addressing. Section II explains the current state of Airbnb regulation and identifies the loopholes within that regulation that harm consumers. Section III shows why Section 230 of the Communications Decency Act protects Airbnb from some regulations, but why it also allows harm to persist against Airbnb. Section IV will posit that the Federal Trade Commission should oversee a broad, context-based regulation of Airbnb to protect consumers through a risk management reporting mechanism similar to the financial reporting to the Securities and Exchange Commission required under the …

Go to article

Co-Managers? The Need For Clarification Regarding State And Federal Powers In Federal Elections, Amber Mccomas Dec 2023

Co-Managers? The Need For Clarification Regarding State And Federal Powers In Federal Elections, Amber Mccomas

Journal of the National Association of Administrative Law Judiciary

This article argues that the Court needs to clarify the distinction between the state and federal government’s roles in federal elections to avoid chaos and unconstitutional overreach. As a part of this clarification, the Court should also clarify how information is deemed “necessary.” This article looks specifically at one potential consideration: public fears regarding election security. Data and logic indicate that such fears should not be a consideration in the necessity determination as they are unreliable. Section II examines the background of the Election Assistance Commission, the applicable law, as well as criticism and support the agency has received since …

Go to article

The Outcomes Of Fully Adjudicated Impartial Hearings Under The Idea: A Nationally Representative Analysis With And Without New York, Perry A. Zirkel, Diane M. Holben Dec 2023

The Outcomes Of Fully Adjudicated Impartial Hearings Under The Idea: A Nationally Representative Analysis With And Without New York, Perry A. Zirkel, Diane M. Holben

Journal of the National Association of Administrative Law Judiciary

The Individuals with Disabilities Education Act (IDEA) provides eligible students with the right to a free appropriate public education (FAPE) as specified in an individualized education program (IEP). An unusual feature of the IDEA is providing the parents of students with disabilities and their school districts with the right to a binding “impartial due process hearing” at the administrative level, subject to appeal. This mechanism for administrative adjudication has been the subject of continuing policy debate and occasional statutory refinements. One of the ongoing concerns in this policy consideration has been the win-loss rate of due process hearings (DPHs). Similarly, …

Go to article

Twisted Machines: Police Pursuit Policy And Accountability, Madeline Hedrick Dec 2023

Twisted Machines: Police Pursuit Policy And Accountability, Madeline Hedrick

Journal of the National Association of Administrative Law Judiciary

Part I of this comment will examine the cultural and legal approach to high-speed pursuits exemplified in Los Angeles—the national center of televised car chases. Part II will unpack the thorny judicial doctrine of qualified immunity and evaluate how it impacts the incentives and accountability of police pursuits. Part III will examine who pays for the lawsuits that survive qualified immunity and the role insurance companies have in the facilitation of police reform. In Part IV, this comment will examine the qualified immunity bills in New Mexico and Colorado, the nationwide example they set, and the pushback they have received. …

Go to article

Broadcast In The Past?: The Dangers Of Deregulating Children’S Broadcast Television, Lauren Bashir Dec 2023

Broadcast In The Past?: The Dangers Of Deregulating Children’S Broadcast Television, Lauren Bashir

Journal of the National Association of Administrative Law Judiciary

This article will begin by providing an overview of the Federal Communications Commission’s role in regulating broadcast television. In Section II, this article will explain in depth how the FCC has placed limitations on the type of content and circumstances under which television stations can broadcast content. This discussion will lead into the Children’s Television Act (CTA) of 1990 and the regulation of children’s television—also known as the KidVid Rules. After providing some background on the creation of the CTA and its effectiveness up to recent times, Section III will dive deeper into the 2019 CTA modifications. Then this article …

Go to article

Masthead And Table Of Contents, Deepika Chandrashekar Jul 2023

Masthead And Table Of Contents, Deepika Chandrashekar

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Go to article

Disqualifying Conduct: How Failure To Regulate The United States Olympic Committee Enables Athlete Abuse, Allison Berquist Jul 2023

Disqualifying Conduct: How Failure To Regulate The United States Olympic Committee Enables Athlete Abuse, Allison Berquist

Journal of the National Association of Administrative Law Judiciary

In the aftermath of the USA Gymnastics Scandal, Congress passed the Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act of 2017 and Empowering Olympic, Paralympic, and Amateur Athletes Act of 2020 to protect athletes from abuse. This comment examines how years of unregulated Olympic Sport controlled by the United States Olympic and Paralympic Committee (USOPC) created systems that make young athletes vulnerable to abuse. Part I provides a background of the Olympic Movement, specifically detailing events and legislation that prompted recent legislation. Part II describes the Safe Sport Authorization Act of 2017 and Empowering Olympic, Paralympic, and …

Go to article

Mother Of Exiles: Hospitality & Comprehensive Immigration Reform, Ana M. Rodriguez Jul 2023

Mother Of Exiles: Hospitality & Comprehensive Immigration Reform, Ana M. Rodriguez

Journal of the National Association of Administrative Law Judiciary

This article examines the historical pattern of denying immigration in the U.S. on moral and supposedly Christian grounds. Although it is reasonable that no nation is duty-bound to welcome every foreigner and provide the same benefits afforded those with full citizenship, this article contends that a genuinely Christian response demands the biblical core value of hospitality to others. Indeed, xenophobia is the antithesis of hospitality and cannot be supported by a faithful, exegetical interpretation of the Christian Bible. It should be noted that this article does not propose the emergence of an American theocracy; however, hospitality-based dialogue and humanitarian principles …

Go to article

The Heart Of The Matter: Icwa And The Future Of Native American Child Welfare, Amelia Tidwell Jul 2023

The Heart Of The Matter: Icwa And The Future Of Native American Child Welfare, Amelia Tidwell

Journal of the National Association of Administrative Law Judiciary

The United States has a long and tragic history of removing Native American children from their homes and culture at shocking rates. Congress passed the Indian Child Welfare Act (ICWA) in 1978 in response to that crisis and many states have bolstered the Act with state legislation and tribal-state agreements, but racial disparities are still present in the child welfare system today. Some states with low Native American populations joined non-Native American prospective adoptive parents in a constitutional challenge of ICWA, and hundreds of supporters (tribes, organizations, and states) poured out support for the Act. The Supreme Court heard the …

Go to article

The Immigration Court System: Unconstitutionality At The Hands Of The Executive To Push Nativism, Chloe Wigul Jul 2023

The Immigration Court System: Unconstitutionality At The Hands Of The Executive To Push Nativism, Chloe Wigul

Journal of the National Association of Administrative Law Judiciary

The United States’ immigration court system is located within the U.S. Department of Justice’s Executive Office for Immigration Review and operated under the power of the attorney general. Consequently, the attorney general can review and overrule decisions made by the Board of Immigration Appeals, the immigration appellate body. If the attorney general uses this authority, his decision cannot be reconsidered, and his opinion becomes precedent. Immigration courts are unique in that no other court system is located within or controlled by the executive branch. Focusing on key historical eras, this Comment compares the development of immigration law and policy with …

Go to article

Cryptocurrency: Regulate Or Facilitate? How States' Approaches To Cryptocurrency Can Be Applied On A Federal Level, Kelly Mahoney Jul 2023

Cryptocurrency: Regulate Or Facilitate? How States' Approaches To Cryptocurrency Can Be Applied On A Federal Level, Kelly Mahoney

Journal of the National Association of Administrative Law Judiciary

Within the past two years, the cryptocurrency market exceeded a record $2 trillion. As of November 2021, there are seventy-five million Bitcoin (a type of cryptocurrency) users and counting. Many states have implemented regulations and policies in response to this massive growth of the crypto market. While some states like Wyoming and Texas welcome cryptocurrency other states, such as New York and Washington, are more apprehensive and seek to constrain cryptocurrency due to its volatility and novelty. In contrast, federal agencies are still debating on how to address cryptocurrency, and glimpses of federal regulation can be seen through the 2021 …

Go to article

All Cases Matter: Mitigating Bias In The Administrative Law Judiciary, Cherron Payne Jul 2023

All Cases Matter: Mitigating Bias In The Administrative Law Judiciary, Cherron Payne

Journal of the National Association of Administrative Law Judiciary

After an introduction and explanation of bias in Part I, Part II of this article explores the issue of bias and the underlying factors that configure bias, such as attitude, stereotype, and prejudice. Part II also examines the two principal types of bias, explicit bias and implicit bias, and defines common subsets of bias, such as gender bias. Part III presents implicit bias as an unconscious, utilitarian, and neuroscientific mechanism. Part III examines the neuroscience of decision-making and the neural structures that influence and regulate decision-making processes. Part III also discusses emotion as an underpinning to decision-making and the role …

Go to article

Masthead And Table Of Contents, Deepika Chandrashekar Feb 2023

Masthead And Table Of Contents, Deepika Chandrashekar

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Go to article

The Current State Of Student-Athlete Nil Rights: How Congress Should Respond To The Rapidly Changing Landscape Of Inter-Collegiate Sports, Kyle Aronson Feb 2023

The Current State Of Student-Athlete Nil Rights: How Congress Should Respond To The Rapidly Changing Landscape Of Inter-Collegiate Sports, Kyle Aronson

Journal of the National Association of Administrative Law Judiciary

Collegiate student-athletes began signing sponsorship deals that compensate them for their name, image and likeness beginning in July 2021. Since its inception, the NCAA has prohibited student-athletes from receiving any outside monetary compensation to preserve traditional notions of amateurism. States have begun to pass legislation that allow for student-athlete compensation following recent decisions by the Supreme Court and Ninth Circuit suggesting that the NCAA’s historic practice may run afoul of antitrust law. This comment analyzes issues with the current state-by-state patchwork of laws that formulate the current landscape of collegiate sports. Finally, this comment will show why centralized, federal regulation …

Go to article

Navigating The Covid-19 Eviction Crisis: The Cdc's Emergency Eviction Moratorium And Judicial Deference, Deepika Chandrashekar Feb 2023

Navigating The Covid-19 Eviction Crisis: The Cdc's Emergency Eviction Moratorium And Judicial Deference, Deepika Chandrashekar

Journal of the National Association of Administrative Law Judiciary

The COVID-19 pandemic has exacerbated America’s pre-pandemic affordable housing crisis and millions of renters have paid the price. The Centers for Disease Control and Prevention (CDC) issued a nationwide eviction moratorium in September of 2020 due to the ongoing COVID-19 pandemic. While the moratorium was originally intended to be temporary, the CDC under the Biden administration was forced to extend the moratorium in August of 2021 due to a lack of congressional action. The CDC is empowered by the Public Health Service Act to take actions necessary to prevent the spread of communicable diseases, and the ongoing COVID-19 pandemic constitutes …

Go to article

Marsy's Law: Florida's Victim Classification Protections Are Too Broad And Wrongfully Utilized By Florida Law Enforcement Agencies, Ashley Lee Feb 2023

Marsy's Law: Florida's Victim Classification Protections Are Too Broad And Wrongfully Utilized By Florida Law Enforcement Agencies, Ashley Lee

Journal of the National Association of Administrative Law Judiciary

While new trends in legislation may aim to reduce the use of excessive force by law enforcement, some Florida agencies interpreted their state’s Marsy’s Law to protect officers accused of using excessive force. This Comment examines the inappropriateness of Florida’s law enforcement agencies’ interpretation of Marsy’s Law, particularly in the context of the law’s original intentions. This Comment points to a potential solution to this problematic interpretation, advocating for an additional limiting clause that narrowly targets how law enforcement interpreted this statute in the context of excessive force reports.

Go to article

The Threat Of Gerrymandering And Voter Suppression To American Democracy And Why Grassroots Activism Is The Most Viable Solution, Sabrina Pickett Feb 2023

The Threat Of Gerrymandering And Voter Suppression To American Democracy And Why Grassroots Activism Is The Most Viable Solution, Sabrina Pickett

Journal of the National Association of Administrative Law Judiciary

This comment examines the threat of partisan gerrymandering, voter suppression, and election subversion in American elections. Specifically, this comment details the development of federal voting legislation and acknowledges the limits of the executive branch to implement voter equity within constitutional structure. Consequently, this comment argues that grassroots activism combined with executive enforcement of current federal law through the Department of Justice is the most viable solution to strengthen civic engagement and uphold democratic principles.

Go to article

Missing The Train: The Bipartisan Infrastructure Deal's Weakness On Amtrak's "Preference" Problem, Noah Vincent Desimone Feb 2023

Missing The Train: The Bipartisan Infrastructure Deal's Weakness On Amtrak's "Preference" Problem, Noah Vincent Desimone

Journal of the National Association of Administrative Law Judiciary

While the Trump Administration’s “Infrastructure Week” initiative failed to address U.S. infrastructure needs, the Biden Administration’s Bipartisan Infrastructure Deal sent a whopping $66 billion to Amtrak to address funding shortfalls. However, the Biden-era bill is ‘weak’ in not adequately addressing Amtrak train delays on the freight railroads on which nearly all Amtrak trains run. The delays violate a federal statute providing Amtrak trains preference over freight trains on freight railroads’ tracks. The current scheme of addressing violations includes proceedings by the Surface Transportation Board and rare enforcement by the Department of Justice. A solution is to add a third option …

Go to article

Impartial Hearings Under The Idea: Updated Legal Issues And Answers, Perry A. Zirkel Feb 2023

Impartial Hearings Under The Idea: Updated Legal Issues And Answers, Perry A. Zirkel

Journal of the National Association of Administrative Law Judiciary

This updated question-and-answer document is specific to impartial hearing officers (IHOs) and the hearings that they conduct under the Individuals with Disabilities Education Act (IDEA). The coverage does not extend to the alternate third-party dispute decisional mechanism under the IDEA, the complaint resolution process (CRP) except to the extent that this alternative mechanism intersects with IHO issues. Similarly, the scope only extends secondarily to the IHO’s remedial authority, which is the subject of separate comprehensive coverage. The sources are largely limited to the pertinent IDEA legislation and regulations, court decisions, and the U.S. Department of Education’s Office of Special Education’s …

Go to article

The Case For A Liberal Communitarian Jurisprudence, Amitai Etzioni May 2022

The Case For A Liberal Communitarian Jurisprudence, Amitai Etzioni

Journal of the National Association of Administrative Law Judiciary

This article seeks to show that courts face difficulties without a principled, constitutional anchoring for the conception of the common good. Courts could divine the common good from the penumbra of the Fourth Amendment in the same way the Supreme Court created a right to privacy. In addition to creating a “common good” constitutional principle, the judicial branch should establish criteria to determine when this principle should take precedence over individual rights expressly preserved in the Constitution.

Go to article

Table Of Contents & Masthead, Cara M. Macdonald May 2022

Table Of Contents & Masthead, Cara M. Macdonald

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Go to article

The Fate Of The Advancing American Kidney Health Initiative In A Biden Administration, Seth Shepherd May 2022

The Fate Of The Advancing American Kidney Health Initiative In A Biden Administration, Seth Shepherd

Journal of the National Association of Administrative Law Judiciary

This article analyzes the Biden Administration’s healthcare priorities, contrasts them with those of the Trump Administration, discusses how Presidential administrations determine whether to continue policies, and examines the proper procedures for continuing previous administration policies. This article will then examine whether the Initiative will have a place in the Biden Administration’s healthcare policy. Part II considers Biden’s overall approach to healthcare. Part III discusses what the Trump Administration’s healthcare policy accomplished. Part IV dissects the Initiative and begins a discussion regarding its effectiveness. Part V explores an administration’s decision-making process regarding retention or rejection of a previous administration’s policies and …

Go to article

May The Executive Branch Forgive Student Loan Debt Without Further Congressional Action?, Colin Mark May 2022

May The Executive Branch Forgive Student Loan Debt Without Further Congressional Action?, Colin Mark

Journal of the National Association of Administrative Law Judiciary

On April 1, 2021, the Biden administration announced that Secretary of Education Michael Cardona will consider whether the President has legal authority to forgive up to $50,000 per debtor in student loan debt without further Congressional action. This paper interrogates the leading arguments for and against the Biden administration’s capacity to forgive this student loan debt strictly using administrative action. This article first surveys the history of federal student loan forgiveness programs in the United States. It then considers whether statutes on the books—in particular, the Higher Education Act of 1965 and the Federal Claims Collection Act of 1966—grant the …

Go to article

A New Antitrust Framework To Protect Mom And Pop From Big Tech, Cara Macdonald May 2022

A New Antitrust Framework To Protect Mom And Pop From Big Tech, Cara Macdonald

Journal of the National Association of Administrative Law Judiciary

While the economy declined during the COVID-19 pandemic, big technology companies like Amazon and Oracle experienced unprecedented growth and influence. Critics argue big technology companies are finding this level of success in-part due to anticompetitive practices. The crux of the debate rests on whether current, traditional antitrust laws are sufficient to cope with big technology companies. Some theorists argue that current laws are adequate, while others assert that antitrust laws are insufficient to regulate big technology companies because they are so different from the types of companies antitrust laws were designed to regulate. This article concludes that big tech companies …

Go to article

To Mulch Or Not To Mulch: Problems With Plastic Mulch And How To Address Them, Rebecca Kim May 2022

To Mulch Or Not To Mulch: Problems With Plastic Mulch And How To Address Them, Rebecca Kim

Journal of the National Association of Administrative Law Judiciary

While environmentally conscious consumers may be concerned about single-use plastic packaging their produce comes in, they likely do not think of the excess of plastics farmers use just to grow that produce. The agricultural industry uses an extraordinarily high amount of plastic, notably through agricultural films, which are thin plastic membranes used for mulching. The predominant use of these films has come to be known as “Plasticulture” and, although plastic mulch has many benefits, its ubiquitous use creates substantial waste that, when broken down into micro plastics, eventually enter the human body. This article evaluates the advantages and drawbacks of …

Go to article

Table Of Contents & Masthead, Cara M. Macdonald Jan 2022

Table Of Contents & Masthead, Cara M. Macdonald

Journal of the National Association of Administrative Law Judiciary

Journal of the National Association of Administrative Law Judiciary, NAALJ, Contents, editorial board, Pepperdine University, Caruso School of Law

Go to article

The Tax Gap: Do Billions In Uncollected Income Taxes Speed Up Economic Downturn During A Global Pandemic?, Offiong Ekah Jan 2022

The Tax Gap: Do Billions In Uncollected Income Taxes Speed Up Economic Downturn During A Global Pandemic?, Offiong Ekah

Journal of the National Association of Administrative Law Judiciary

Section I will explore how maximizing taxpayer compliance will be a crucial component of closing the tax gap, and what initiatives the IRS implements to garner compliance; Section I will also examine how past and current Tax Code affects levels of compliance—the goal always being compliance optimization. Section II will explore the CARES Act of 2020, and how the Act fared as a response to the onset of COVID-19. This section will also discuss how the concerns of the IRS are accentuated by the tax gap, and how a lack of governmental funding, particularly relating to detailed exclusions enumerating within …

Go to article

Next Last