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Full-Text Articles in Law

2020 Fellowship Topic Announcement, National Association Of Administrative Law Judiciary Dec 2019

2020 Fellowship Topic Announcement, National Association Of Administrative Law Judiciary

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Table Of Contents And Editorial Board, Yoori Chung Nov 2019

Table Of Contents And Editorial Board, Yoori Chung

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


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 …


Table Of Contents And Editorial Board, Yoori Chung Jun 2019

Table Of Contents And Editorial Board, Yoori Chung

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Slip Slidin' Away: The Erosion Of Apa Adjudication, William Funk Jun 2019

Slip Slidin' Away: The Erosion Of Apa Adjudication, William Funk

Journal of the National Association of Administrative Law Judiciary

Although the enactment of the Administrative Procedure Act (APA) was intended to establish a uniform set of procedures applicable to adjudications "required by statute to be determined on the record after opportunity for an agency hearing," agencies have long sought to avoid those procedures, and, in particular, Administrative Law Judges, by substituting informal, non-APA adjudications. Over time, the courts have accelerated this substitution through a misapplication of three Supreme Court opinions. This article describes the original understanding of the APA and how that original understanding has been eroded over the years. The article then asks whether this is a problem …