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Articles 1 - 30 of 106
Full-Text Articles in Law
Jurisdiction Revisited: The Inherent Supervisory Power Of The Courts To Review Administrative Decisions - The Case Of R (Ignaoua) V Sshd [2013] Ewca Civ 1498, Patrick Matthew Hassan-Morlai
Jurisdiction Revisited: The Inherent Supervisory Power Of The Courts To Review Administrative Decisions - The Case Of R (Ignaoua) V Sshd [2013] Ewca Civ 1498, Patrick Matthew Hassan-Morlai
Patrick Matthew Hassan-Morlai
The Court of Appeal handed down its decision in R (Ignaoua) v SSHD on 21 November. Ignaoua emphasizes that Parliament does not purport to remove the court’s jurisdiction to entertain judicial review proceedings under Section 15 of the Justice and Security Act 2013. This paper argues that the provisions in both the primary and secondary legislation in Ignaoua are clear enough to convey Parliament’s intention to give the Home Secretary the power to terminate judicial review proceedings or appeal from judicial review proceedings relating to a direction to exclude a foreign national from the United Kingdom. However, the Court of …
Legal Summaries , Emily Edwards
Legal Summaries , Emily Edwards
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
A Channel Worth Changing? The Individual Regional Sports Network: Proliferation, Profits, Parity, And The Potential Administrative And Antitrust Issues That Could Follow, Stephen Dixon
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Falling Behind: Processing And Enforcing Permits For Animal Agriculture Operations In Maryland Is Lagging, Rena I. Steinzor, Anne Havemann
Falling Behind: Processing And Enforcing Permits For Animal Agriculture Operations In Maryland Is Lagging, Rena I. Steinzor, Anne Havemann
Faculty Scholarship
After decades of failed interstate agreements, the Chesapeake Bay is choking on too many nutrients. The estuary’s last, best chance of recovery is the Environmental Protection Agency's Total Maximum Daily Load (“TMDL”) program, also known as a pollution diet. To meet this deadline, all polluters, including large animal farms, will need to sharply reduce the pollutants they release into the Bay. The Maryland Department of the Environment (MDE) must ensure that each Concentrated Animal Feeding Operation (“CAFO”) has developed a facility-specific permit that details when and where manure is applied to fields and how waste is stored and handled. Then …
Private Enforcement, Stephen B. Burbank, Sean Farhang, Herbert Kritzer
Private Enforcement, Stephen B. Burbank, Sean Farhang, Herbert Kritzer
All Faculty Scholarship
Our aim in this Article is to advance understanding of private enforcement of statutory and administrative law in the United States and to raise questions that will be useful to those who are concerned with regulatory design in other countries. To that end, we briefly discuss aspects of American culture, history, and political institutions that reasonably can be thought to have contributed to the growth and subsequent development of private enforcement. We also set forth key elements of the general legal landscape in which decisions about private enforcement are made, aspects of which should be central to the choice of …
New Wine In An Old Chalice: The Ministerial Exception’S Humble Roots, Blair A. Crunk
New Wine In An Old Chalice: The Ministerial Exception’S Humble Roots, Blair A. Crunk
Louisiana Law Review
In this article, the author offers information related to the ministerial exception, de facto law of the U.S. intended to protect the freedom of religion that exempts institutions from anti discrimination laws in hiring employees. It further discusses the influence of ministerial exception in employment discrimination laws of the U.S.
The Doctrine Of Primary Jurisdiction: Was It Inverted?, Patrick Callahan
The Doctrine Of Primary Jurisdiction: Was It Inverted?, Patrick Callahan
Pepperdine Law Review
No abstract provided.
Clarence Thomas And Administrative Law, William Funk
Clarence Thomas And Administrative Law, William Funk
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Making Findings Of Fact And Preparing A Decision , Patrick J. Borchers
Making Findings Of Fact And Preparing A Decision , Patrick J. Borchers
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Court Of Appeals Review Of Administrative Law Judges' Findings And Opinions , Patricia M. Wald
Court Of Appeals Review Of Administrative Law Judges' Findings And Opinions , Patricia M. Wald
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Official Notice And The Administrative Process, Daniel B. Rodriguez
Official Notice And The Administrative Process, Daniel B. Rodriguez
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Administrative Adjudication Total Quality Management: The Only Way To Reduce Costs And Delays Without Sacrificing Due Process, Edwin L. Felter Jr
Administrative Adjudication Total Quality Management: The Only Way To Reduce Costs And Delays Without Sacrificing Due Process, Edwin L. Felter Jr
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Evolution And Role Of The Administrative Law Judge At The Office Of Hearings And Appeals In The Social Security Administration, Charles N. Bono
The Evolution And Role Of The Administrative Law Judge At The Office Of Hearings And Appeals In The Social Security Administration, Charles N. Bono
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Evidence For Administrative Law Judges, Christine Mckenna Moore
Evidence For Administrative Law Judges, Christine Mckenna Moore
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Note: Calvin V. Chater: The Right To Subpoena The Physician In Ssa Cases: Conflict In The Circuits Over The Interpretation Of 20 C.F.R. 404.950(D)(1), Elliot B. Oppenheim
Note: Calvin V. Chater: The Right To Subpoena The Physician In Ssa Cases: Conflict In The Circuits Over The Interpretation Of 20 C.F.R. 404.950(D)(1), Elliot B. Oppenheim
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Marco V. Doherty: Forcing An Agency To Play By Its Own Rules: Administrative Res Judicata, Matt Bove
Marco V. Doherty: Forcing An Agency To Play By Its Own Rules: Administrative Res Judicata, Matt Bove
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Proposed Model Act Creating A State Central Hearing Agency (Office Of Administrative Hearings), Board Of Governors Of The National Association Of Administrative Law Judges
Proposed Model Act Creating A State Central Hearing Agency (Office Of Administrative Hearings), Board Of Governors Of The National Association Of Administrative Law Judges
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
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.
Report To The Judicial Council On The Administrative Law Judge Statute, James F. Flanagan
Report To The Judicial Council On The Administrative Law Judge Statute, James F. Flanagan
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Dodd-Frank Regulators, Cost-Benefit Analysis, And Agency Capture, Paul Rose, Christopher J. Walker
Dodd-Frank Regulators, Cost-Benefit Analysis, And Agency Capture, Paul Rose, Christopher J. Walker
Christopher J. Walker
The Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank) has raised the stakes for financial regulation by requiring more than twenty federal agencies to promulgate nearly 400 new rules. Scholars, regulated entities, Congress, courts, and the agencies themselves have all recognized — even before Dodd-Frank — the lack of rigorous cost-benefit analysis in the context of financial rulemaking. The D.C. Circuit has struck down several financial regulations because of inadequate cost-benefit analysis, with three more challenges to be decided this summer. Members of Congress have introduced legislation to address this problem, including a call for the President to intervene …
Evidence Column, Paul R. Troeh Jr.
Evidence Column, Paul R. Troeh Jr.
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Evolution Of Rulemaking And Review Under The Msapa: Is There A Trend Toward Negotiated Rulemaking?, Jylana D. Collins
The Evolution Of Rulemaking And Review Under The Msapa: Is There A Trend Toward Negotiated Rulemaking?, Jylana D. Collins
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Book Reviews, David J. Agatstein
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
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
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.
Agency Inaction, Abner J. Mikva
Agency Inaction, Abner J. Mikva
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Book Reviews, David J. Agatstein
Book Reviews, David J. Agatstein
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
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Managing Your Docket Effectively And Efficiently, Edward J. Schoenbaum
Managing Your Docket Effectively And Efficiently, Edward J. Schoenbaum
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Striking A Balance: Administrative Law Judge Independence And Accountability, R. Terrence Harders
Striking A Balance: Administrative Law Judge Independence And Accountability, R. Terrence Harders
Journal of the National Association of Administrative Law Judiciary
No abstract provided.