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Articles 1 - 7 of 7

Full-Text Articles in Law

The Influence Of A Jewish Education And Jewish Values On A Jewish Judge, Alvin K. Hellerstein Oct 2013

The Influence Of A Jewish Education And Jewish Values On A Jewish Judge, Alvin K. Hellerstein

Touro Law Review

No abstract provided.


Dean’S Message, Lawrence Raful Jun 2013

Dean’S Message, Lawrence Raful

Lawrence Raful

No abstract provided.


Alj Final Orders On Appeal: Balancing Independence With Accountability, Jim Rossi Apr 2013

Alj Final Orders On Appeal: Balancing Independence With Accountability, Jim Rossi

Journal of the National Association of Administrative Law Judiciary

This essay addresses how ALJ final order authority in many state systems of administrative governance (among them Florida, Louisiana, Missouri, and South Carolina) poses a tension between independence and accountability. It is argued that political accountability is sacrificed where reviewing courts defer to ALJ final orders on issues of law and policy. Standards of review provide state courts with a way of restoring the balance between independence and accountability, but reviewing courts should heighten the deference they give to the agency's legal and policy positions -- giving little or no deference to the ALJ on these issues -- even where …


Due Process; A Detached Judge; And Enemy Combatants, Julian Mann Iii Apr 2013

Due Process; A Detached Judge; And Enemy Combatants, Julian Mann Iii

Journal of the National Association of Administrative Law Judiciary

In the landmark administrative law decision of Goldberg v. Kelly, Justice Brennan stated that an “impartial decision maker is essential” to procedural due process. As a corollary, in the more recent decision of Hamdi v. Rumsfeld, Justice O'Connor stated that “due process requires a neutral and a detached judge in the first instance.” Thus, the due process clauses of the Fifth and Fourteenth Amendments to the U.S. Constitution require that the essential element of neutrality remain an integral part of any administrative hearing. There can be no departure from this fundamental guarantee of constitutional due process for the administrative hearings …


In Memoriam: The Honorable Harry L. Carrico, Hon. John A. Gibney Jr., Wendy C. Perdue, John G. Douglass, William G. Broaddus, Victoria A.B. Willis Mar 2013

In Memoriam: The Honorable Harry L. Carrico, Hon. John A. Gibney Jr., Wendy C. Perdue, John G. Douglass, William G. Broaddus, Victoria A.B. Willis

University of Richmond Law Review

No abstract provided.


Plain Talk About Plea Bargaining, Harry A. Ackley Feb 2013

Plain Talk About Plea Bargaining, Harry A. Ackley

Pepperdine Law Review

No abstract provided.


Ripples Against The Other Shore: The Impact Of Trauma Exposure On The Immigration Process Through Adjudicators, Kate Aschenbrenner Jan 2013

Ripples Against The Other Shore: The Impact Of Trauma Exposure On The Immigration Process Through Adjudicators, Kate Aschenbrenner

Faculty Scholarship

No abstract provided.