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Full-Text Articles in Law

The Need For A Central Panel Approach To Administrative Adjudication: Pros, Cons, And Selected Practices, Malcolm C. Rich, Alison C. Goldstein Nov 2019

The Need For A Central Panel Approach To Administrative Adjudication: Pros, Cons, And Selected Practices, Malcolm C. Rich, Alison C. Goldstein

Journal of the National Association of Administrative Law Judiciary

The goal of this report is to document the growth of the central panel movement that has now emerged in a majority of states. This research is designed to provide data-informed recommendations to states and municipalities considering the adoption of a central panel system or the enlargement of the jurisdiction encompassed by an existing central panel as well as to states considering the adoption of a more final decision-making authority for their central panel ALJs. The work is also intended to inform the debate over whether the central panel approach is something that the federal government should consider. This research …


Administrative Adjudication In The United States, James G. Gilbert, Robert S. Cohen Sep 2017

Administrative Adjudication In The United States, James G. Gilbert, Robert S. Cohen

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


How A Diverse Administrative Law Judge Field Fosters Longevity And Public Confidence, Judith A. Parker Sep 2017

How A Diverse Administrative Law Judge Field Fosters Longevity And Public Confidence, Judith A. Parker

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Modernizing Illinois State Government: Transcript Of Press Conference Announcing Creation Of A Central Panel And Copy Of Executive Order, Bruce Rauner Apr 2017

Modernizing Illinois State Government: Transcript Of Press Conference Announcing Creation Of A Central Panel And Copy Of Executive Order, Bruce Rauner

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Alj Central Panels: How Is It Going Out There?, W. Michael Gillette Jun 2016

Alj Central Panels: How Is It Going Out There?, W. Michael Gillette

Journal of the National Association of Administrative Law Judiciary

For over 40 years, administrative law mavens have touted the desirability of “central panels,” i.e., panels of administrative law judges who, instead of being attached to a single administrative agency, are assigned to a “central,” “independent” panel that supplies administrative law judges to conduct contested case hearings for a variety of agencies. More than half the states have listened to the siren call and have created such panels — the earliest (California’s) as far back as 1946. As one who at first opposed, but later supported the creation of such a panel in his home state, Oregon, the author now …


Reforming The Administrative Law Of Pennsylvania: Staff Report 2014, Joint State Government Commission: General Assembly Of The Commonwealth Of Pennsylvania May 2015

Reforming The Administrative Law Of Pennsylvania: Staff Report 2014, Joint State Government Commission: General Assembly Of The Commonwealth Of Pennsylvania

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Fixing Disability Courts, D. Randall Frye Jun 2014

Fixing Disability Courts, D. Randall Frye

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


California Year In Review: 2013 Special Education Alj Decisions, Ruth Colker Jun 2014

California Year In Review: 2013 Special Education Alj Decisions, Ruth Colker

Journal of the National Association of Administrative Law Judiciary

This article reviews 74 special education cases decided by California ALJs between January 1, 2013 and December 11, 2013. The author concludes that the ALJs provided stingy relief even when students prevailed, there was often unsuccessful litigation on behalf of a student following the termination of a consent decree or court order, many of the cases reflected negative attitudes towards the mothers of the student, and school districts often preferred more restrictive placements than the parent/student. Not surprisingly, students faced very unfavorable outcomes when they were not represented by a lawyer.


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 …


The Department Of Agriculture's Rules Of Practice: Do They Still Serve Both The Department's And The Public's Needs?, Peter M. Davenport May 2014

The Department Of Agriculture's Rules Of Practice: Do They Still Serve Both The Department's And The Public's Needs?, Peter M. Davenport

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Statement Of The Association Of Administrative Law Judges: Committee On Ways And Means, Subcommittee On Social Security, D. Randall Frye Nov 2013

Statement Of The Association Of Administrative Law Judges: Committee On Ways And Means, Subcommittee On Social Security, D. Randall Frye

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Courting Of Credibility, A Nervous Mistress, Edd Wheeler Apr 2013

The Courting Of Credibility, A Nervous Mistress, Edd Wheeler

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Naalj News, David J. Agatstein Apr 2013

Naalj News, David J. Agatstein

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


President's Page How To Become A Federal Administrative Law Judge, David J. Agatstein Apr 2013

President's Page How To Become A Federal Administrative Law Judge, David J. Agatstein

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


A Breach Too Far: The Assault On Judges' Professionalism By The Office Of Hearings And Appeals, Edd Wheeler Apr 2013

A Breach Too Far: The Assault On Judges' Professionalism By The Office Of Hearings And Appeals, Edd Wheeler

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Unseen Hand In Administrative Law Decisions: Organizing Principles For Findings Of Fact & (And) Conclusions Of Law, Michael Frost Apr 2013

The Unseen Hand In Administrative Law Decisions: Organizing Principles For Findings Of Fact & (And) Conclusions Of Law, Michael Frost

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Collegiality Among Administrative Law Judges - As Well As Independence - Would Be Lost If Judges Are Evaluated By Chief Judges On Policy Correctness, Richard L. Sippel Apr 2013

Collegiality Among Administrative Law Judges - As Well As Independence - Would Be Lost If Judges Are Evaluated By Chief Judges On Policy Correctness, Richard L. Sippel

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Maintaining The Balance Between Judicial Independence And Judicial Accountability In Administrative Law, Edwin L. Felter Jr. Apr 2013

Maintaining The Balance Between Judicial Independence And Judicial Accountability In Administrative Law, Edwin L. Felter Jr.

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Yoder - Hardwicke Dialogue: Does Mandatory Quality Assurance Oversight Of Alj Decisions Violate Alj Decisional Independence, Due Process Or Ex Parte Prohibitions?, Ronnie A. Yoder, John Hardwicke Apr 2013

Yoder - Hardwicke Dialogue: Does Mandatory Quality Assurance Oversight Of Alj Decisions Violate Alj Decisional Independence, Due Process Or Ex Parte Prohibitions?, Ronnie A. Yoder, John Hardwicke

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Active Administrative Law Judge: Is There Harm In An Alj Asking?, Allen E. Shoenberger Apr 2013

The Active Administrative Law Judge: Is There Harm In An Alj Asking?, Allen E. Shoenberger

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Vocational Testimony In Social Security Hearings, Daniel F. Solomon Apr 2013

Vocational Testimony In Social Security Hearings, Daniel F. Solomon

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Issues For Consideration, Marshall L. Rosenberg, David Weisenberg Apr 2013

Issues For Consideration, Marshall L. Rosenberg, David Weisenberg

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Memorial Fund Established For Mary Lou Berry, David J. Agatstein Apr 2013

Memorial Fund Established For Mary Lou Berry, David J. Agatstein

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Book Reviews, David J. Agatstein Apr 2013

Book Reviews, David J. Agatstein

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Proposed New Examination For Federal Administrative Law Judge: An Exchange, Craig B. Pettibone, David J. Agatstein, Edwin S. Bernstein, Marvin H. Morse, Evan L. Hultman Apr 2013

The Proposed New Examination For Federal Administrative Law Judge: An Exchange, Craig B. Pettibone, David J. Agatstein, Edwin S. Bernstein, Marvin H. Morse, Evan L. Hultman

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Necessary Qualities Of An Administrative Law Judge: Manual For Administrative Law Judges, Morgan E. Thompson Apr 2013

The Necessary Qualities Of An Administrative Law Judge: Manual For Administrative Law Judges, Morgan E. Thompson

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


This Alj Said Too Much: Prison Hearing Officer Charges Michigan Department Of Corrections With First Amendment Violations And Race Discrimination, Carolyn Amadon Apr 2013

This Alj Said Too Much: Prison Hearing Officer Charges Michigan Department Of Corrections With First Amendment Violations And Race Discrimination, Carolyn Amadon

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Federal Administrative Law Judge Examination (Revisited), David J. Agatstein Apr 2013

Federal Administrative Law Judge Examination (Revisited), David J. Agatstein

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Judicial Independence In Administrative, Adjudication: Past, Present, And Future , Ann Marshall Young Apr 2013

Judicial Independence In Administrative, Adjudication: Past, Present, And Future , Ann Marshall Young

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Should The State Pay The Fees Of Claimant Representatives In Unemployment Insurance Hearings?, Paul Wyler Apr 2013

Should The State Pay The Fees Of Claimant Representatives In Unemployment Insurance Hearings?, Paul Wyler

Journal of the National Association of Administrative Law Judiciary

No abstract provided.