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Articles 1 - 10 of 10
Full-Text Articles in Law
Table Of Contents And Masthead, Lauren Jacobs
Table Of Contents And Masthead, Lauren Jacobs
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Pepperdine University School Of Law Legal Summaries, Matthew Rollin, Kelly Vollmer
Pepperdine University School Of Law Legal Summaries, Matthew Rollin, Kelly Vollmer
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Considerations For Closing The Moral And Legal Gap In Public Utility Regulation, E. Nathan Cheung
Considerations For Closing The Moral And Legal Gap In Public Utility Regulation, E. Nathan Cheung
Journal of the National Association of Administrative Law Judiciary
Many public utility commissions were originally created to regulate railroad companies. However, during the transition to the modern era their reach was greatly expanded to encompass the host of now regulated public industries. In more recent times, the role of the public utility commission has further expanded beyond regulation of specific industries to become tools to implement various policy goals and attitudes towards respective industries. Part II of this paper will seek to address different issues that may be encountered by the modern public utility commission. Part III of this paper seeks to present the concept of incentive regulation, which …
State Laws For Due Process Hearings Under The Individuals With Disabilities Education Act Ii: The Post-Hearing Stage, Perry A. Zirkel
State Laws For Due Process Hearings Under The Individuals With Disabilities Education Act Ii: The Post-Hearing Stage, Perry A. Zirkel
Journal of the National Association of Administrative Law Judiciary
A recent issue of this journal contained an article that canvassed state laws that added to the basic requirements of the Individuals with Disabilities Education Act (IDEA) for due process hearings (DPHs). The purpose of this follow-up analysis is to supplement the earlier article by canvassing state law provisions specific to the post-hearing stage of IDEA DPHs. The length is relatively brief because (1) the springboard article on the hearing stage provided the detailed foundation, (2) the scope of the post-hearing stage is much more limited, and (3) the previous literature has largely unexplored this stage. Otherwise in accordance with …
Table Of Contents And Masthead, Lauren Jacobs
Table Of Contents And Masthead, Lauren Jacobs
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Pepperdine University School Of Law Legal Summaries, Matthew Rollin
Pepperdine University School Of Law Legal Summaries, Matthew Rollin
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Stop Punishing Our Kids: How Title Vii Can Protect Children Of Color In Public School’S Discipline Practices, Lizette Rodriguez
Stop Punishing Our Kids: How Title Vii Can Protect Children Of Color In Public School’S Discipline Practices, Lizette Rodriguez
Journal of the National Association of Administrative Law Judiciary
Section I of this comment considers the evolution of education in the United States and how American society dealt with racial discrimination in public schools in the past, and how those facts and decisions differ from the issues that students of color are facing today. Section II explains the Equal Protection Clause (EPC) and analyzes the seminal cases that demonstrate the power of the EPC and when it is appropriate to use it. Section III introduces Title VII and walks through violations of disparate impact discrimination and disparate treatment discrimination. Section IV explains what the Department of Education’s Civil Rights …
Safeguarding Procedures Under The Idea: Restoring The Balance In The Adjudication Of Fape, Perry A. Zirkel
Safeguarding Procedures Under The Idea: Restoring The Balance In The Adjudication Of Fape, Perry A. Zirkel
Journal of the National Association of Administrative Law Judiciary
The article’s purpose is to stimulate IDEA adjudicators, starting with the specialized and significant level of impartial hearing officers, and to restore the enforceable meaning of the procedural requirements of the IDEA. Doing so will provide a more coherent balance with not only the substantive dimension, but also the other decisional dispute resolution mechanisms of the Act. Part I provides an overview of the procedural structure of the IDEA and the Supreme Court’s framework interpretation. Part II traces the subsequent interpretation of the procedural dimension of FAPE, culminating in the codification of the two-part test in the latest IDEA amendments. …
Administrative Law: Whose Job Is It Anyway?, Allison Mather
Administrative Law: Whose Job Is It Anyway?, Allison Mather
Pepperdine Law Review
This Note examines the current state of judicial deference to administrative agencies and suggests modifying the doctrine to better comport with the Constitution. It examines the history of administrative agencies and the rise of judicial deference. The Note explores the present-day applications of judicial deference and analyzes whether the current doctrine is consistent with both its initial underlying policies and the Constitution. Ultimately, judicial deference to administrative agencies raises serious separation of powers concerns and should be modified to remain faithful to the nation’s founding principles.
Disunity Among The United States: Navigating Net-Metering Without Getting Electrocuted, Aundene Szmolyan
Disunity Among The United States: Navigating Net-Metering Without Getting Electrocuted, Aundene Szmolyan
The Journal of Business, Entrepreneurship & the Law
As it stands, the progress towards fighting climate change at the national level is in disarray, and there is a complete disunity of direction and goals at the state level. This paper highlights the disunity by providing a case study of the different regulations, which affect the solar power industry across all fifty states, with a particular focus paid to net metering regulations. Through an examination of this industry, three startling conclusions will emerge. First, investor-owned utilities apply intense political pressure through lobbying efforts to maintain the current status quo of the utility industry’s economic model, which results in the …