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Articles 1 - 27 of 27
Full-Text Articles in Law
Ethical Choices: Contested Case Procedures And Judicial Review Applicable To Politicians Versus Other Regulated Actors, Amy Bresnen
Journal of the National Association of Administrative Law Judiciary
The general purpose of this paper is to provide law students and young lawyers with an overview for accessing, in the context of Texas agencies, these legislatively-delegated adjudicative, or quasijudicial, powers and explain how agency contested case decisions are reviewed by the courts. This is important for lawyers to understand in representing a client, be it an individual or entity, whose interests are affected by administrative proceedings within regulatory agencies. To accomplish this goal, the paper discusses the two most common methods of judicial review and contrasts the standard proceedings for contested cases at the State Office of Administrative Hearings …
A Look Back: Developing Indiana Law; Post-Bench Reflections Of An Indiana Supreme Court Justice; Selected Developments In Indiana Administrative Law (1989-2012), Frank Sullivan Jr.
A Look Back: Developing Indiana Law; Post-Bench Reflections Of An Indiana Supreme Court Justice; Selected Developments In Indiana Administrative Law (1989-2012), Frank Sullivan Jr.
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.
Judicial Deference To Administrative Interpretations Of Law, Antonin Scalia
Judicial Deference To Administrative Interpretations Of Law, Antonin Scalia
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
State Court Invalidation Of A Federal Regulation: Thomas V. North Carolina Department Of Human Resources, Gary L. Cole
State Court Invalidation Of A Federal Regulation: Thomas V. North Carolina Department Of Human Resources, Gary L. Cole
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.
Judicial Review Of Administrative Action, Malcolm R. Wilkey
Judicial Review Of Administrative Action, Malcolm R. Wilkey
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Judicial Suspensions And Due Process Under Venezuela's New Democratic Model , Brenda Brown Perez
Judicial Suspensions And Due Process Under Venezuela's New Democratic Model , Brenda Brown Perez
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Georgia Office Of State Administrative Hearings, Mark A. Dickerson
The Georgia Office Of State Administrative Hearings, Mark A. Dickerson
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Judicial Independence In Administrative, Adjudication: Past, Present, And Future , Ann Marshall Young
Judicial Independence In Administrative, Adjudication: Past, Present, And Future , Ann Marshall Young
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Administrative Hearing Officer And The National Appeals Division Of The United States Department Of Agriculture: A Brief History, A Contemporary Perspective, And Some Thoughts For The Future, Christopher B. Mcneil
The Administrative Hearing Officer And The National Appeals Division Of The United States Department Of Agriculture: A Brief History, A Contemporary Perspective, And Some Thoughts For The Future, Christopher B. Mcneil
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Unreviewability In State Administrative Law, Charles H. Koch Jr.
Unreviewability In State Administrative Law, Charles H. Koch Jr.
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Is The Rule Of Necessity Really Necessary In State Administrative Law: The Central Panel Solution, Arnold Rochvarg
Is The Rule Of Necessity Really Necessary In State Administrative Law: The Central Panel Solution, Arnold Rochvarg
Journal of the National Association of Administrative Law Judiciary
The rule of necessity is a judicial doctrine that permits a judge or agency decision maker to decide a case even if he or she would ordinarily be disqualified due to bias or prejudice . The rationale of the doctrine is that if there is no other person who can make the decision, let the biased person decide the case rather than have no decision made at all. The rule of necessity has been used in state administrative proceedings liberally despite the fact that it is widely recognized as unfair. This article analyzes current approaches to the doctrine, and after …
The Ghost Of Crowell V. Benson And The Residual Role Of Judges And Agencies Under Federal Law, Linda R. Hirshman
The Ghost Of Crowell V. Benson And The Residual Role Of Judges And Agencies Under Federal Law, Linda R. Hirshman
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
A Specialized Court For Social Security? A Critique Of Recent Proposals, Robert E. Rains
A Specialized Court For Social Security? A Critique Of Recent Proposals, Robert E. Rains
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
When Dicta Attacks: Elliott V. Commodity Futures Trading Commission, Joanna E. Barnes
When Dicta Attacks: Elliott V. Commodity Futures Trading Commission, Joanna E. Barnes
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Oregon Supreme Court Determination Concerning Appellate Court Jurisdiction For Judicial Review Of Nonfinal Orders Arising Out Of Contested Cases. Oregon Health Care Association V. Health Division And Jill D. Laney, Hearing Officer, Monique Shamun
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Administrative Law Judges, Judicial Independence, And Judicial Review: Qui Custodiet Ipsos Custodes?, W. Michael Gillette
Administrative Law Judges, Judicial Independence, And Judicial Review: Qui Custodiet Ipsos Custodes?, W. Michael Gillette
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Role Of Demeanor Evidence In Determining Credibility Of Witnesses In Fact Finding: The Views Of Aljs, Gregory L. Ogden
The Role Of Demeanor Evidence In Determining Credibility Of Witnesses In Fact Finding: The Views Of Aljs, Gregory L. Ogden
Journal of the National Association of Administrative Law Judiciary
Prof. Ogden presents the views of administrative law judge’s on the role of demeanor evidence in determining the credibility of witnesses’ testimony in fact finding. The opinions of administrative law judges add an important new perspective on the issue of whether demeanor evidence increases the accuracy of credibility determinations. The views of administrative law judges were determined through the techniques of survey research, utilizing a questionnaire. After defining demeanor evidence for purposes of the study, Ogden explains the administrative law principle of judicial review that gives weight or deference to credibility determinations based on demeanor evidence. A statistical analysis of …
The Texas State Office Of Administrative Hearings: Establishing Independent Adjudicators In Contested Case Proceedings While Preserving The Power Of Institutional Decision-Making, Ron Beal
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Fernandez-Vargas V. Gonzales: An Examination Of Retroactivity And The Effect Of The Illegal Immigration Reform And Immigrant Responsibility Act, Brooke Hardin
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Creeping Judicialization In Special Education Hearings?: An Exploratory Study, Perry A. Zirkel, Zorka Karanxha, Anastasia D'Angelo
Creeping Judicialization In Special Education Hearings?: An Exploratory Study, Perry A. Zirkel, Zorka Karanxha, Anastasia D'Angelo
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Role Of Deference In Judicial Review Of Agency Action: A Comparison Of Federal Law, Uniform State Acts, And The Iowa Apa, Anuradha Vaitheswaran, Thomas A. Mayes
The Role Of Deference In Judicial Review Of Agency Action: A Comparison Of Federal Law, Uniform State Acts, And The Iowa Apa, Anuradha Vaitheswaran, Thomas A. Mayes
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Substantial Evidence Review In Social Security Cases As An Issue Of Fact, Morton Denlow
Substantial Evidence Review In Social Security Cases As An Issue Of Fact, Morton Denlow
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
State Agency-Based V. Central Panel Jurisdiction: Is There A Deference?, A. Michael Nolan
State Agency-Based V. Central Panel Jurisdiction: Is There A Deference?, A. Michael Nolan
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Supreme Court's Take On Immigration In Nken V. Holder: Reaffirming A Traditional Standard That Affords Courts More Time And Flexibility To Decide Immigration Appeals Before Deporting Aliens, Elizaveta Kabanova
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Accountability In The Administrative Law Judiciary: The Right And The Wrong Kind, Edwin L. Felter Jr
Accountability In The Administrative Law Judiciary: The Right And The Wrong Kind, Edwin L. Felter Jr
Journal of the National Association of Administrative Law Judiciary
This article discusses and evaluates several forms of accountability in the administrative law judiciary, and compares them with prevalent forms of accountability in the judicial branch. Felter argues that codes of judicial conduct, as well as formal enforcement mechanisms, work together to maintain a balance of independence and accountability in the administrative law judiciary. The article analyzes the "right kinds" of accountability as distinguished from the "wrong kind" of accountability, i.e., political accountability. The article maintains that decisional independence is the cornerstone of any properly functioning adjudication system. The price of decisional independence is accountability to concepts and mechanisms other …