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Administrative Law Commons

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Pepperdine University

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Articles 91 - 120 of 674

Full-Text Articles in Administrative Law

Lucia Et Al. V. Securities And Exchange Commission: Brief Of Amicus Curiae The Forum Of United States Administrative Law Judges In Support Of Neither Party, Gerald Marvin Bober Sep 2018

Lucia Et Al. V. Securities And Exchange Commission: Brief Of Amicus Curiae The Forum Of United States Administrative Law Judges In Support Of Neither Party, Gerald Marvin Bober

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Lucia Et Al. V. Securities And Exchange Commission: Brief Amicus Curiae Of Federal Administrative Law Judges Conference In Support Of Neither Party, John M. Vittone Sep 2018

Lucia Et Al. V. Securities And Exchange Commission: Brief Amicus Curiae Of Federal Administrative Law Judges Conference In Support Of Neither Party, John M. Vittone

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Introduction To Lucia Et Al. V. Securities And Exchange Commission, Selina Malherbe Sep 2018

Introduction To Lucia Et Al. V. Securities And Exchange Commission, Selina Malherbe

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Liberty And Separation Of Powers In Judicial Review Of Privatized Governance Regimes, Jeffrey Kleeger Sep 2018

Liberty And Separation Of Powers In Judicial Review Of Privatized Governance Regimes, Jeffrey Kleeger

Journal of the National Association of Administrative Law Judiciary

This article examines the power difference between homeowner association (HOA) owners, members, and their governing boards. Administrative adjudication can remedy the imbalance to better secure member rights. What is necessary is a heightened standard of judicial review and a requirement to produce a comprehensive record for review. Boards enjoy an advantage in disputes with members—courts uphold board actions unless they are arbitrary and capricious. Boards also possess largely unrestricted state-delegated authority to make and enforce rules, as well as decide penalties for infractions. These clearly governmental functions are not restrained by the state action doctrine. Tools of administrative adjudication are …


The Death Of Judicial Independence In Turkey: A Lesson For Others, Edwin L. Felter Jr., Oyku Didem Aydin Sep 2018

The Death Of Judicial Independence In Turkey: A Lesson For Others, Edwin L. Felter Jr., Oyku Didem Aydin

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


State Laws For Due Process Hearings Under The Individuals With Disabilities Education Act, Perry A. Zirkel Sep 2018

State Laws For Due Process Hearings Under The Individuals With Disabilities Education Act, Perry A. Zirkel

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Dedication To The Honorable Larry Jay Craddock, Julian Mann Iii, Selina Malherbe Sep 2018

Dedication To The Honorable Larry Jay Craddock, Julian Mann Iii, Selina Malherbe

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Table Of Contents And Editorial Board, Michelle Wellnitz Mar 2018

Table Of Contents And Editorial Board, Michelle Wellnitz

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Pepperdine University School Of Law Legal Summaries, Armando Lopez Mar 2018

Pepperdine University School Of Law Legal Summaries, Armando Lopez

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Ignoring Administrative Decisions Through Settlement: A Holistic Approach, Vincent Escoto Mar 2018

Ignoring Administrative Decisions Through Settlement: A Holistic Approach, Vincent Escoto

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Providing A Solution For Immigrant Detainees Held Under The Mandatory Detention Statute, Kristine Toma Mar 2018

Providing A Solution For Immigrant Detainees Held Under The Mandatory Detention Statute, Kristine Toma

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


A River Runs Through It: The Jobs Act’S Course Through Crowdfunding, Towards Stable Returns On Investment In Real Estate, Devin Finlayson Mar 2018

A River Runs Through It: The Jobs Act’S Course Through Crowdfunding, Towards Stable Returns On Investment In Real Estate, Devin Finlayson

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Default License Revocation In California Administrative Law, Jacob Reinhardt Mar 2018

Default License Revocation In California Administrative Law, Jacob Reinhardt

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Addressing Bias In Administrative Environmental Decisions, Robert R. Kuehn Mar 2018

Addressing Bias In Administrative Environmental Decisions, Robert R. Kuehn

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Shadow Of Free Enterprise: The Unconstitutionality Of The Securities & Exchange Commission’S Administrative Law Judges, Linda D. Jellum, Moses M. Tincher Mar 2018

The Shadow Of Free Enterprise: The Unconstitutionality Of The Securities & Exchange Commission’S Administrative Law Judges, Linda D. Jellum, Moses M. Tincher

Journal of the National Association of Administrative Law Judiciary

Six years ago, Congress enacted the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act), for the first time giving the Securities and Exchange Commission (SEC) the power to seek monetary penalties through its in-house adjudication. The SEC already had the power to seek such penalties in federal court. With the Dodd-Frank Act, the SEC’s enforcement division could now choose between an adjudication before an SEC Administrative Law Judge (ALJ) or a civil action before an Article III judge. With this new choice, the SEC realized a significant home-court advantage. For example, in 2014, the SEC’s enforcement division prevailed …


Humphrey’S Executor Squared: Free Enterprise Fund V. Public Company Accounting Oversight Board And Its Implications For Administrative Law Judges, Robert S. Garrison Jr. Mar 2018

Humphrey’S Executor Squared: Free Enterprise Fund V. Public Company Accounting Oversight Board And Its Implications For Administrative Law Judges, Robert S. Garrison Jr.

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Remedial Authority Of Hearing And Review Officers Under The Individuals With Disabilities Education Act: The Latest Update, Perry A. Zirkel Mar 2018

The Remedial Authority Of Hearing And Review Officers Under The Individuals With Disabilities Education Act: The Latest Update, Perry A. Zirkel

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Paternalism And The Rise Of The Disability State, David W. Engel, Jeffrey S. Wolfe Mar 2018

Paternalism And The Rise Of The Disability State, David W. Engel, Jeffrey S. Wolfe

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Pepperdine University School Of Law: Legal Summaries, Jane Seo Sep 2017

Pepperdine University School Of Law: Legal Summaries, Jane Seo

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Administrative Adjudication In The United States, James G. Gilbert, Robert S. Cohen Sep 2017

Administrative Adjudication In The United States, James G. Gilbert, Robert S. Cohen

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Administrative Justice In The District Of Columbia: Recommendations To Improve Dc’S Office Of Administrative Hearings, Office Of The District Of Columbia Auditor Sep 2017

Administrative Justice In The District Of Columbia: Recommendations To Improve Dc’S Office Of Administrative Hearings, Office Of The District Of Columbia Auditor

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


State Administrative Decisions Census: Demonstrating The Need For More Openness, Pierre-Paul Lemyre Sep 2017

State Administrative Decisions Census: Demonstrating The Need For More Openness, Pierre-Paul Lemyre

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


How A Diverse Administrative Law Judge Field Fosters Longevity And Public Confidence, Judith A. Parker Sep 2017

How A Diverse Administrative Law Judge Field Fosters Longevity And Public Confidence, Judith A. Parker

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Pepperdine University School Of Law Legal Summaries, Jee (Jane) Seo Apr 2017

Pepperdine University School Of Law Legal Summaries, Jee (Jane) Seo

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Farmers Plead The Fifth: Is The Plea Against The Mandate To Reserve Raisins In Horne V. Department Of Agriculture Legitimate?, Jee (Jane) Seo Apr 2017

Farmers Plead The Fifth: Is The Plea Against The Mandate To Reserve Raisins In Horne V. Department Of Agriculture Legitimate?, Jee (Jane) Seo

Journal of the National Association of Administrative Law Judiciary

This note addresses the relevant issues and arguments that are presented in Horne. Part II presents the historical background of the RAC, the Takings Clause of the U.S. Constitution's Fifth Amendment, and other relevant information surrounding the Raisin Administrative Committee marketing order. Part III focuses on the facts of Horne, and Part IV discusses the procedural history of the case. The majority, concurring, and dissenting opinions are analyzed in Part V. The impact of Horne is presented in Part VI, followed by concluding thoughts on Horne in Part VII.


The Administrative State: Problems Associated With Congressional Intent, Statutory Interpretation, And The Powers Granted To Administrative Agencies, Serje Havandjian Apr 2017

The Administrative State: Problems Associated With Congressional Intent, Statutory Interpretation, And The Powers Granted To Administrative Agencies, Serje Havandjian

Journal of the National Association of Administrative Law Judiciary

While reading this article, two questions should be kept in mind: (1) why the Court held that the TSA promulgated whistleblowing regulation was not considered to have the force and effect of law, and how that effects other regulations, and (2) how should the Supreme Court respond if a conflict of congressional intent and statutory interpretation arises within another regulatory or administrative agency's internal scheme for regulating such issues? With a careful analysis of statutory interpretation and determining congressional intent, and some luck, this article will try to answer these questions. Ultimately, what we will find is that although Congress …


Modernizing Illinois State Government: Transcript Of Press Conference Announcing Creation Of A Central Panel And Copy Of Executive Order, Bruce Rauner Apr 2017

Modernizing Illinois State Government: Transcript Of Press Conference Announcing Creation Of A Central Panel And Copy Of Executive Order, Bruce Rauner

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Rowley Enigma: How Much Weight Is Due To Idea State Administrative Proceedings In Federal Court?, Daniel W. Morton-Bentley Apr 2017

The Rowley Enigma: How Much Weight Is Due To Idea State Administrative Proceedings In Federal Court?, Daniel W. Morton-Bentley

Journal of the National Association of Administrative Law Judiciary

In this article, I argue that the phrase "due weight" incorporates a deferential review standard equivalent to the clear error or substantial evidence standard, a conclusion reached by a minority of the circuit courts of appeal. I further argue that, consistent with Rowley, federal courts must afford due weight to administrative officers' substantive or educational conclusions, but no weight to their procedural or non-educational conclusions. Part II offers a general outline of the IDEA, giving special attention to its judicial review provisions. In Part III, I provide a general discussion of judicial review of administrative adjudication. Part IV is devoted …


Disrupting Immigration: How Administrative Rulemaking Could Transform The Landscape For Immigrant Entrepreneurs, Tess Douglas Jan 2017

Disrupting Immigration: How Administrative Rulemaking Could Transform The Landscape For Immigrant Entrepreneurs, Tess Douglas

Pepperdine Law Review

Immigrant entrepreneurs come to the United States and start thriving companies that create jobs, drive the economy, and facilitate innovation. However, U.S. laws do not provide a clear path for immigrant entrepreneurs to lawfully enter and work in America. Therefore, immigrant entrepreneurs must seek lawful status in the United States through unusual routes. While Congress, the President, and the United States Citizenship and Immigration Services (USCIS) recognize the need for clear and accessible immigration standards for immigrant entrepreneurs, the politicized nature of immigration law has impeded significant change. This Comment details how administrative rules could offer a less politicized and …


Alj Central Panels: How Is It Going Out There?, W. Michael Gillette Jun 2016

Alj Central Panels: How Is It Going Out There?, W. Michael Gillette

Journal of the National Association of Administrative Law Judiciary

For over 40 years, administrative law mavens have touted the desirability of “central panels,” i.e., panels of administrative law judges who, instead of being attached to a single administrative agency, are assigned to a “central,” “independent” panel that supplies administrative law judges to conduct contested case hearings for a variety of agencies. More than half the states have listened to the siren call and have created such panels — the earliest (California’s) as far back as 1946. As one who at first opposed, but later supported the creation of such a panel in his home state, Oregon, the author now …