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Articles 1 - 30 of 604
Full-Text Articles in Administrative Law
Flowing Cleanly: The Proper Roles Of The Courts And The Ftc In The Information Marketplace Of Advertising, Kateri J. Son
Flowing Cleanly: The Proper Roles Of The Courts And The Ftc In The Information Marketplace Of Advertising, Kateri J. Son
Journal of the National Association of Administrative Law Judiciary
After an introduction in Section I, Section II of this article will present the history of the commercial speech doctrine, illustrating the rules courts use to evaluate whether the FTC’s actions were constitutional. Section III will explain how the FTC combats deception and will describe the choice of remedies the FTC has available. Section IV will present and evaluate three potential solutions to the conflict between the courts and the FTC on First Amendment issues that courts have implemented. Finally, Section V argues that conflict between the two entities is inevitable, and therefore the middle approach is the best solution …
Cover, Table Of Contents & Masthead, Kateri J. Son
Cover, Table Of Contents & Masthead, Kateri J. Son
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Foia And The Use Of Ai In Government: Freedom Of Information Or An Empty Promise Of Openness?, Ronald L. Capaldi
Foia And The Use Of Ai In Government: Freedom Of Information Or An Empty Promise Of Openness?, Ronald L. Capaldi
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Legal Summaries Of Administrative Law Cases, Kimberly M. Papadantonakis
Legal Summaries Of Administrative Law Cases, Kimberly M. Papadantonakis
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Fundamental Right Of A Safe Place To Call Home: Why The United States Immigration System Needs To Reform Its Response To Humanitarian Crises, Mackenzie Biles
The Fundamental Right Of A Safe Place To Call Home: Why The United States Immigration System Needs To Reform Its Response To Humanitarian Crises, Mackenzie Biles
Journal of the National Association of Administrative Law Judiciary
As part of its overall aim to identify how the United States can more proactively intervene in humanitarian crises, this article will examine the Department of Homeland Security’s role in securing the safe arrival of migrants into the United States and helping them to thrive thereafter, using the crisis in Afghanistan as a lens. Part I outlines the U.S. involvement in Afghanistan and the events culminating in the 2021 military withdrawal, while seeking to remain mindful of this history’s complexity and nuance. Part II examines existing U.S. immigration mechanisms, with a focus on humanitarian parole, and critiques their inadequacy in …
Cover, Table Of Contents & Masthead, Kateri Son
Cover, Table Of Contents & Masthead, Kateri Son
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
An Analysis Of Due Process Hearing Decisions For “§ 504-Only” Students, Perry A. Zirkel
An Analysis Of Due Process Hearing Decisions For “§ 504-Only” Students, Perry A. Zirkel
Journal of the National Association of Administrative Law Judiciary
Many empirical analyses have tracked the trends for both the frequency and outcomes of due process hearing decisions under the IDEA. However, the literature entirely lacks any such analysis of due process hearing decisions under § 504. This gap in the literature is largely attributable to two overlapping factors: these decisions are much less numerous than those under the IDEA, and they are not publicly available. The purpose of this article is to address this gap in the professional literature through an exploratory analysis of the frequency and outcomes of due process hearings for § 504-only students. Part I of …
Making Conflicts Of Interest Matter To Federally Funded Academic Research, Kimberly M. Papadantonakis
Making Conflicts Of Interest Matter To Federally Funded Academic Research, Kimberly M. Papadantonakis
Journal of the National Association of Administrative Law Judiciary
This article first provides background on the academic science and technology enterprise and the concerns of counterintelligence agencies that prompted the White House, DOJ, and Congress to act. Section III discusses specific criminal and civil cases, focusing on where prosecutions succeeded or faltered. Section IV covers the new rules and how the agencies are implementing them. Finally, Section V analyzes themes from the cases and examines how the new rules may impact future enforcement and compliance efforts.
Legal Summaries Of Administrative Law Cases, Kimberly M. Papadantonakis
Legal Summaries Of Administrative Law Cases, Kimberly M. Papadantonakis
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Cover, Table Of Contents & Masthead, Mariam Antony
Cover, Table Of Contents & Masthead, Mariam Antony
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Job Incidence Numbers In Social Security Disability Claims: A Case Study And Analysis, Kevin Liebkemann
Job Incidence Numbers In Social Security Disability Claims: A Case Study And Analysis, Kevin Liebkemann
Journal of the National Association of Administrative Law Judiciary
The Social Security Administration (SSA) processes numerous disabled worker applications each year. In adult disability claims, SSA employs a strict five-step sequential disability evaluation to decide whether a person is disabled. Many adult Social Security Disability claimants either win or lose at the fifth and final step, where an SSA adjudicator decides whether there is “a significant number of jobs (in one or more occupations) having requirements which you are able to meet with your physical or mental abilities and vocational qualifications.” This article examines the vocational evidence that SSA uses to decide the significant number of jobs issue. It …
Diabetes Management Of Incarcerated Individuals: Is The Federal Bureau Of Prisons Contributing To Worsening Diabetic Conditions?, Mariam Antony
Diabetes Management Of Incarcerated Individuals: Is The Federal Bureau Of Prisons Contributing To Worsening Diabetic Conditions?, Mariam Antony
Journal of the National Association of Administrative Law Judiciary
There are many issues related to noncommunicable disease care in federal prisons, which fall under the management of the U.S. Bureau of Prisons, a federal agency. Although there are many noncommunicable diseases, this comment specifically focuses on diabetes because of its prevalence (how common it is in individuals), especially in incarcerated individuals. Prison and incarceration are not conducive to the management of diabetes because diabetes may not even show symptoms until an individual mismanages the disease for a long time. An individual could first appear normal and then suffer a diabetic emergency, which could lead to consequences like heart attack …
Legal Summaries Of Administrative Law Cases, Keyana Young
Legal Summaries Of Administrative Law Cases, Keyana Young
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Cover, Masthead And Table Of Contents, Ashley Antony
Cover, Masthead And Table Of Contents, Ashley Antony
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Major Questions (And Answers): A Call To Quiet The Quartet, Michael Reaves
Major Questions (And Answers): A Call To Quiet The Quartet, Michael Reaves
Journal of the National Association of Administrative Law Judiciary
This Comment calls for action to quiet the Quartet—encouraging executive agencies to mitigate the pernicious impact of MQD. In Part I, this Comment discusses the political landscape in the area of climate action. Part II wades through the nearly forty-year doctrinal shift of delegation—from humble beginnings in a law review article from then-Judge Breyer in 1986, to the application of major questions principles at various stages of agency-deference analyses. Part III discusses the Quartet and its role in MQD as a determinative legal canon. Recent scholarship calls into question if there are multiple iterations of MQD, and whether the most …
Unclear Guidelines From The Sentencing Commission And A Prejudiced Warden Result In (Un)Compassionate Release, Mary Trotter
Unclear Guidelines From The Sentencing Commission And A Prejudiced Warden Result In (Un)Compassionate Release, Mary Trotter
Journal of the National Association of Administrative Law Judiciary
Congress first developed compassionate release in 1984, granting federal courts the authority to reduce sentences for “extraordinary and compelling” reasons. Compassionate release allows the Federal Bureau of Prisons (BOP) and inmates to apply for immediate early release on grounds of “particularly extraordinary or compelling circumstances which could not reasonably have been foreseen by the court at the time of sentencing.” Questions remain about how the BOP and the courts grant compassionate release and whether the courts apply the compassionate release guidelines consistently. The uncertainty is due to the lack of clarity from the USSC to define “extraordinary or compelling circumstances,” …
The Outcomes Of Fully Adjudicated Impartial Hearings Under The Idea: A Nationally Representative Analysis With And Without New York, Perry A. Zirkel, Diane M. Holben
The Outcomes Of Fully Adjudicated Impartial Hearings Under The Idea: A Nationally Representative Analysis With And Without New York, Perry A. Zirkel, Diane M. Holben
Journal of the National Association of Administrative Law Judiciary
The Individuals with Disabilities Education Act (IDEA) provides eligible students with the right to a free appropriate public education (FAPE) as specified in an individualized education program (IEP). An unusual feature of the IDEA is providing the parents of students with disabilities and their school districts with the right to a binding “impartial due process hearing” at the administrative level, subject to appeal. This mechanism for administrative adjudication has been the subject of continuing policy debate and occasional statutory refinements. One of the ongoing concerns in this policy consideration has been the win-loss rate of due process hearings (DPHs). Similarly, …
Broadcast In The Past?: The Dangers Of Deregulating Children’S Broadcast Television, Lauren Bashir
Broadcast In The Past?: The Dangers Of Deregulating Children’S Broadcast Television, Lauren Bashir
Journal of the National Association of Administrative Law Judiciary
This article will begin by providing an overview of the Federal Communications Commission’s role in regulating broadcast television. In Section II, this article will explain in depth how the FCC has placed limitations on the type of content and circumstances under which television stations can broadcast content. This discussion will lead into the Children’s Television Act (CTA) of 1990 and the regulation of children’s television—also known as the KidVid Rules. After providing some background on the creation of the CTA and its effectiveness up to recent times, Section III will dive deeper into the 2019 CTA modifications. Then this article …
Masthead And Table Of Contents, Deepika Chandrashekar
Masthead And Table Of Contents, Deepika Chandrashekar
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Disqualifying Conduct: How Failure To Regulate The United States Olympic Committee Enables Athlete Abuse, Allison Berquist
Disqualifying Conduct: How Failure To Regulate The United States Olympic Committee Enables Athlete Abuse, Allison Berquist
Journal of the National Association of Administrative Law Judiciary
In the aftermath of the USA Gymnastics Scandal, Congress passed the Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act of 2017 and Empowering Olympic, Paralympic, and Amateur Athletes Act of 2020 to protect athletes from abuse. This comment examines how years of unregulated Olympic Sport controlled by the United States Olympic and Paralympic Committee (USOPC) created systems that make young athletes vulnerable to abuse. Part I provides a background of the Olympic Movement, specifically detailing events and legislation that prompted recent legislation. Part II describes the Safe Sport Authorization Act of 2017 and Empowering Olympic, Paralympic, and …
Mother Of Exiles: Hospitality & Comprehensive Immigration Reform, Ana M. Rodriguez
Mother Of Exiles: Hospitality & Comprehensive Immigration Reform, Ana M. Rodriguez
Journal of the National Association of Administrative Law Judiciary
This article examines the historical pattern of denying immigration in the U.S. on moral and supposedly Christian grounds. Although it is reasonable that no nation is duty-bound to welcome every foreigner and provide the same benefits afforded those with full citizenship, this article contends that a genuinely Christian response demands the biblical core value of hospitality to others. Indeed, xenophobia is the antithesis of hospitality and cannot be supported by a faithful, exegetical interpretation of the Christian Bible. It should be noted that this article does not propose the emergence of an American theocracy; however, hospitality-based dialogue and humanitarian principles …
The Heart Of The Matter: Icwa And The Future Of Native American Child Welfare, Amelia Tidwell
The Heart Of The Matter: Icwa And The Future Of Native American Child Welfare, Amelia Tidwell
Journal of the National Association of Administrative Law Judiciary
The United States has a long and tragic history of removing Native American children from their homes and culture at shocking rates. Congress passed the Indian Child Welfare Act (ICWA) in 1978 in response to that crisis and many states have bolstered the Act with state legislation and tribal-state agreements, but racial disparities are still present in the child welfare system today. Some states with low Native American populations joined non-Native American prospective adoptive parents in a constitutional challenge of ICWA, and hundreds of supporters (tribes, organizations, and states) poured out support for the Act. The Supreme Court heard the …
The Immigration Court System: Unconstitutionality At The Hands Of The Executive To Push Nativism, Chloe Wigul
The Immigration Court System: Unconstitutionality At The Hands Of The Executive To Push Nativism, Chloe Wigul
Journal of the National Association of Administrative Law Judiciary
The United States’ immigration court system is located within the U.S. Department of Justice’s Executive Office for Immigration Review and operated under the power of the attorney general. Consequently, the attorney general can review and overrule decisions made by the Board of Immigration Appeals, the immigration appellate body. If the attorney general uses this authority, his decision cannot be reconsidered, and his opinion becomes precedent. Immigration courts are unique in that no other court system is located within or controlled by the executive branch. Focusing on key historical eras, this Comment compares the development of immigration law and policy with …
Cryptocurrency: Regulate Or Facilitate? How States' Approaches To Cryptocurrency Can Be Applied On A Federal Level, Kelly Mahoney
Cryptocurrency: Regulate Or Facilitate? How States' Approaches To Cryptocurrency Can Be Applied On A Federal Level, Kelly Mahoney
Journal of the National Association of Administrative Law Judiciary
Within the past two years, the cryptocurrency market exceeded a record $2 trillion. As of November 2021, there are seventy-five million Bitcoin (a type of cryptocurrency) users and counting. Many states have implemented regulations and policies in response to this massive growth of the crypto market. While some states like Wyoming and Texas welcome cryptocurrency other states, such as New York and Washington, are more apprehensive and seek to constrain cryptocurrency due to its volatility and novelty. In contrast, federal agencies are still debating on how to address cryptocurrency, and glimpses of federal regulation can be seen through the 2021 …
All Cases Matter: Mitigating Bias In The Administrative Law Judiciary, Cherron Payne
All Cases Matter: Mitigating Bias In The Administrative Law Judiciary, Cherron Payne
Journal of the National Association of Administrative Law Judiciary
After an introduction and explanation of bias in Part I, Part II of this article explores the issue of bias and the underlying factors that configure bias, such as attitude, stereotype, and prejudice. Part II also examines the two principal types of bias, explicit bias and implicit bias, and defines common subsets of bias, such as gender bias. Part III presents implicit bias as an unconscious, utilitarian, and neuroscientific mechanism. Part III examines the neuroscience of decision-making and the neural structures that influence and regulate decision-making processes. Part III also discusses emotion as an underpinning to decision-making and the role …
Masthead And Table Of Contents, Deepika Chandrashekar
Masthead And Table Of Contents, Deepika Chandrashekar
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Navigating The Covid-19 Eviction Crisis: The Cdc's Emergency Eviction Moratorium And Judicial Deference, Deepika Chandrashekar
Navigating The Covid-19 Eviction Crisis: The Cdc's Emergency Eviction Moratorium And Judicial Deference, Deepika Chandrashekar
Journal of the National Association of Administrative Law Judiciary
The COVID-19 pandemic has exacerbated America’s pre-pandemic affordable housing crisis and millions of renters have paid the price. The Centers for Disease Control and Prevention (CDC) issued a nationwide eviction moratorium in September of 2020 due to the ongoing COVID-19 pandemic. While the moratorium was originally intended to be temporary, the CDC under the Biden administration was forced to extend the moratorium in August of 2021 due to a lack of congressional action. The CDC is empowered by the Public Health Service Act to take actions necessary to prevent the spread of communicable diseases, and the ongoing COVID-19 pandemic constitutes …
Marsy's Law: Florida's Victim Classification Protections Are Too Broad And Wrongfully Utilized By Florida Law Enforcement Agencies, Ashley Lee
Journal of the National Association of Administrative Law Judiciary
While new trends in legislation may aim to reduce the use of excessive force by law enforcement, some Florida agencies interpreted their state’s Marsy’s Law to protect officers accused of using excessive force. This Comment examines the inappropriateness of Florida’s law enforcement agencies’ interpretation of Marsy’s Law, particularly in the context of the law’s original intentions. This Comment points to a potential solution to this problematic interpretation, advocating for an additional limiting clause that narrowly targets how law enforcement interpreted this statute in the context of excessive force reports.
The Threat Of Gerrymandering And Voter Suppression To American Democracy And Why Grassroots Activism Is The Most Viable Solution, Sabrina Pickett
The Threat Of Gerrymandering And Voter Suppression To American Democracy And Why Grassroots Activism Is The Most Viable Solution, Sabrina Pickett
Journal of the National Association of Administrative Law Judiciary
This comment examines the threat of partisan gerrymandering, voter suppression, and election subversion in American elections. Specifically, this comment details the development of federal voting legislation and acknowledges the limits of the executive branch to implement voter equity within constitutional structure. Consequently, this comment argues that grassroots activism combined with executive enforcement of current federal law through the Department of Justice is the most viable solution to strengthen civic engagement and uphold democratic principles.
Impartial Hearings Under The Idea: Updated Legal Issues And Answers, Perry A. Zirkel
Impartial Hearings Under The Idea: Updated Legal Issues And Answers, Perry A. Zirkel
Journal of the National Association of Administrative Law Judiciary
This updated question-and-answer document is specific to impartial hearing officers (IHOs) and the hearings that they conduct under the Individuals with Disabilities Education Act (IDEA). The coverage does not extend to the alternate third-party dispute decisional mechanism under the IDEA, the complaint resolution process (CRP) except to the extent that this alternative mechanism intersects with IHO issues. Similarly, the scope only extends secondarily to the IHO’s remedial authority, which is the subject of separate comprehensive coverage. The sources are largely limited to the pertinent IDEA legislation and regulations, court decisions, and the U.S. Department of Education’s Office of Special Education’s …