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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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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.
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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 …