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Administrative Law Commons

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Journal of the National Association of Administrative Law Judiciary

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Articles 511 - 540 of 604

Full-Text Articles in Administrative Law

Legal Summaries, Jennifer Weatherup Apr 2013

Legal Summaries, Jennifer Weatherup

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Cross-Border Trucking: An Analysis Of The Limited Extent Of Agency Authority And The Potential For Detrimental Environmental Results As Illustrated By Department Of Transportation V. Public Citizen, Stephanie Rudell Apr 2013

Cross-Border Trucking: An Analysis Of The Limited Extent Of Agency Authority And The Potential For Detrimental Environmental Results As Illustrated By Department Of Transportation V. Public Citizen, Stephanie Rudell

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Question Of Constitutionality: How Separate Are The Powers? The Administrative And Social Ramifications Of Lockyer V. City And County Of San Francisco, Kristin Ecklund Apr 2013

The Question Of Constitutionality: How Separate Are The Powers? The Administrative And Social Ramifications Of Lockyer V. City And County Of San Francisco, Kristin Ecklund

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Administrative Sovereignty: Expanding The Scope Of Federal Agency Enforcement Powers In Alaska V. Environmental Protection Agency, Joshua Hill Apr 2013

Administrative Sovereignty: Expanding The Scope Of Federal Agency Enforcement Powers In Alaska V. Environmental Protection Agency, Joshua Hill

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Satellite Radio: An Innovative Technology's Path Through The Fcc And Into The Future, Adam Cain Apr 2013

Satellite Radio: An Innovative Technology's Path Through The Fcc And Into The Future, Adam Cain

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Ncalj Panel Discussion: Alj Decisions - Final Or Fallible?, Jim Flanagan, Jim Rossi, John Hardwicke, Tyrone T. Butler Apr 2013

Ncalj Panel Discussion: Alj Decisions - Final Or Fallible?, Jim Flanagan, Jim Rossi, John Hardwicke, Tyrone T. Butler

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Toward A Unified And Reciprocal Disability System, Paul Armstrong Apr 2013

Toward A Unified And Reciprocal Disability System, Paul Armstrong

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Texas State Office Of Administrative Hearings: Establishing Independent Adjudicators In Contested Case Proceedings While Preserving The Power Of Institutional Decision-Making, Ron Beal Apr 2013

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.


Policymaking By The Administrative Judiciary , Charles H. Koch Jr. Apr 2013

Policymaking By The Administrative Judiciary , Charles H. Koch Jr.

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Accommodating Alj Decision Making Independence With Institutional Interests Of The Administrative Judiciary, Harold J. Krent, Lindsay Duvall Apr 2013

Accommodating Alj Decision Making Independence With Institutional Interests Of The Administrative Judiciary, Harold J. Krent, Lindsay Duvall

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Legal Summaries, Kim Ly Apr 2013

Legal Summaries, Kim Ly

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Finding A Compromise: The Struggle Between Federal Regulation And State Sovereignty - Analyzing The Effects Of Mid-Con Freight Systems, Inc. V. Michigan Public Service Commission , Sindy Lie Apr 2013

Finding A Compromise: The Struggle Between Federal Regulation And State Sovereignty - Analyzing The Effects Of Mid-Con Freight Systems, Inc. V. Michigan Public Service Commission , Sindy Lie

Journal of the National Association of Administrative Law Judiciary

This case note will explore the U.S. Supreme Court's ruling in Mid-Con Freight Systems, Inc. v. Michigan Public Service Commission. Part II will outline the historical background of the law at hand. Part III will lay out the essential facts of the case. Part IV will analyze and critique the majority and dissenting opinions. Part V will discuss the legal, administrative, and societal impact of the holding. Finally, Part VI will conclude the case note.


Social Welfare Reform: An Analysis Of Germany's Agenda 2010 Labor Market Reforms And The United States' Personal Responsibility And Work Opportunity Reconciliation Act (Prwora) Of 1996 , Jennifer Allison Apr 2013

Social Welfare Reform: An Analysis Of Germany's Agenda 2010 Labor Market Reforms And The United States' Personal Responsibility And Work Opportunity Reconciliation Act (Prwora) Of 1996 , Jennifer Allison

Journal of the National Association of Administrative Law Judiciary

This comment presents a historical view of the social welfare systems in the United States and Germany. It then explains and analyzes recent large-scale reforms made to each country's social welfare system - the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996 in the United States, which profoundly impacted the availability of welfare benefits to poor Americans, and Germany's Agenda 2013 campaign, which reformed Germany's system of providing benefits to the long-term unemployed.


When Administrative Law Judges Rule The World: Wooley V. State Farm - Does A Denial Of Agency-Initiated Judicial Review Of Alj Final Orders Violate The Constitutional Doctrine Of Separation Of Powers?, April Rolen-Ogden Apr 2013

When Administrative Law Judges Rule The World: Wooley V. State Farm - Does A Denial Of Agency-Initiated Judicial Review Of Alj Final Orders Violate The Constitutional Doctrine Of Separation Of Powers?, April Rolen-Ogden

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Dangers Of Daubert Creep In The Regulatory Realm, Claire R. Kelly Apr 2013

The Dangers Of Daubert Creep In The Regulatory Realm, Claire R. Kelly

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Deportation And The War On Independence , Stephen H. Legomsky Apr 2013

Deportation And The War On Independence , Stephen H. Legomsky

Journal of the National Association of Administrative Law Judiciary

Judicial independence, despite its long history and cherished place in American jurisprudence, has periodically been attacked by those who disagree with particular outcomes. In recent years, Congress and the executive branch have mounted a sustained assault on decisional independence in the adjudication of deportation (now called “removal”) cases. Various actions taken by Attorney General Ashcroft in 2002 and 2003 and still in place today have left both immigration judges and the members of the Board of Immigration Appeals without any meaningful decisional independence. Meanwhile, in 1996 and again in 2005, Congress imposed severe limitations on judicial review of administrative orders …


Security In Administrative Hearings, Lea Anne Burnett Apr 2013

Security In Administrative Hearings, Lea Anne Burnett

Journal of the National Association of Administrative Law Judiciary

This article explores security in administrative hearings throughout the United States, as well as issues that affect it. To that end, a survey was circulated among members of the National Association of Administrative Law Judges (NAALJ) and their colleagues in September 2005 to gauge the level of security devoted to administrative hearings nationwide, as well as the level of perceived or actual risk to safety. Additionally, this article offers suggestions and resources to agencies to address security concerns in hearings. Furthermore, it identifies and discusses pertinent case law and other materials helpful in formulating agency policy regarding the adoption of …


Legal Summaries, Jamie H. Kim Apr 2013

Legal Summaries, Jamie H. Kim

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Bates V. Dow Agrosciences: Overcoming Federal Preemption And Giving The People A Voice , Kim Ly Apr 2013

Bates V. Dow Agrosciences: Overcoming Federal Preemption And Giving The People A Voice , Kim Ly

Journal of the National Association of Administrative Law Judiciary

This note explores the U.S. Supreme Court's ruling in Bates v. Dow Agrosciences LLC. Part II discusses the historical background and procedural history of the case. Part III lays out the facts of the Bates case. Part IV analyzes the majority opinion given by Justice Stevens and Justice Breyer's concurring opinion, and the opinion of Justice Thomas, concurring in part and dissenting in part. Part V considers Bates's judicial, legislative and administrative impact. Part VI concludes the discussion of the Bates decision.


No More Secrets: Under Ballard V. Commissioner, Special Trial Judge Reports Must Be Revealed , Katherine Kmiec Turner Apr 2013

No More Secrets: Under Ballard V. Commissioner, Special Trial Judge Reports Must Be Revealed , Katherine Kmiec Turner

Journal of the National Association of Administrative Law Judiciary

This case note evaluates Ballard v. Commissioner, its roots, and its impact on the Tax Court and administrative agencies. First, the history of the United States Tax Court is provided with a focus on the special trial judges and the structure of Tax Court Rule that was the central focus of Ballard. Second, there is a brief comparison of other positions, such as a magistrate, to the special trial judge. Third, this article simplifies the complicated, prior history of Ballard that includes three different petitioners, weeks of trial, and numerous courts proceedings and opinions. Fourth, the Ballard opinion is analyzed …


Napa To New York With The Click Of A Mouse: The Dormant Commerce Clause And The Direct Shipment Of Wine To Consumers As Discussed In Granholm V. Heald , Shirlene Love Apr 2013

Napa To New York With The Click Of A Mouse: The Dormant Commerce Clause And The Direct Shipment Of Wine To Consumers As Discussed In Granholm V. Heald , Shirlene Love

Journal of the National Association of Administrative Law Judiciary

This case note examines the U.S. Supreme Court's decision in Granholm v Heald. Part II will explore the history of the Dormant Commerce Clause and Twenty-First Amendment; Part III will present the facts of the case; Part IV will discuss and analyze the majority and two dissenting opinions; Part V will speculate about the future impact of this decision; and Part VI will conclude.


Accepting The Unacceptable: How Jama V. Immigration And Customs Enforcement Affects Deportation Policies With Non-Accepting Governments , Jamie Norman Apr 2013

Accepting The Unacceptable: How Jama V. Immigration And Customs Enforcement Affects Deportation Policies With Non-Accepting Governments , Jamie Norman

Journal of the National Association of Administrative Law Judiciary

The Supreme Court's ruling in Jama v. Immigration and Customs Enforcement affects the Government's authority to elect destination countries when deciding where to deport removable aliens. This note will explore the Jama decision. Part II details the procedural history of the case. Part III details and sets forth the facts of the case. Part IV analyzes the majority opinion by Justice Scalia, as 160 well as the dissenting opinion by Justice Souter. Part V considers Jama's judicial, administrative and social impact.5 Finally, Part VI concludes the discussion of Jama and the deportation policy.


An Overview Of Whistleblower Protection Claims At The United States Department Of Labor, William Dorsey Apr 2013

An Overview Of Whistleblower Protection Claims At The United States Department Of Labor, William Dorsey

Journal of the National Association of Administrative Law Judiciary

This article gives an overview of whistleblower protection adjudications at the U.S. Department of Labor's Office of Administrative Law Judges. Section I introduces the whistleblower protection statutes that give rise to the complaints adjudicated by the Secretary of Labor. Section II reviews earlier statutes that have protected employees from job retaliation and identifies several whistleblower statutes the Secretary of Labor does not administer, but refers to for guidance in interpreting and applying her employee protection programs; these statutes may permit judicial remedies. Section III familiarizes the reader with key concepts in whistleblower protection litigation. Among these are the need to …


The Attorney As Advocate And Witness: Does The Prohibition Of An Attorney Acting As Advocate And Witness At A Judicial Trial Also Apply In Administrative Adjudications?, Arnold Rochvarg Apr 2013

The Attorney As Advocate And Witness: Does The Prohibition Of An Attorney Acting As Advocate And Witness At A Judicial Trial Also Apply In Administrative Adjudications?, Arnold Rochvarg

Journal of the National Association of Administrative Law Judiciary

It is generally accepted that an attorney who is representing a client at a judicial trial is not permitted to also be a witness at the same trial. This prohibition on an attorney acting as both an advocate and a witness at a trial appears in every state's rules of professional conduct. This rule, often referred to as the “lawyer as witness” rule, has application in attorney disciplinary proceedings, rulings on the admissibility of evidence, motions seeking disqualification of an attorney who intends to testify, legal malpractice cases, and petitions for the award of attorney's fees. The lawyer as witness …


Legal Summaries, Kim Ly Apr 2013

Legal Summaries, Kim Ly

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 Apr 2013

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.


Not Quite A Civilian, Not Quite A Soldier: How Five Words Could Subject Civilian Contractors In Iraq And Afghanistan To Military Jurisdiction , Katherine Jackson Apr 2013

Not Quite A Civilian, Not Quite A Soldier: How Five Words Could Subject Civilian Contractors In Iraq And Afghanistan To Military Jurisdiction , Katherine Jackson

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Practicalities And Peculiarities: The Heightened Due Process Standard For Notice Under Jones V. Flower, Emily Riley Apr 2013

Practicalities And Peculiarities: The Heightened Due Process Standard For Notice Under Jones V. Flower, Emily Riley

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


A Muddy Decision - The High Court Fails To Define The Corps' Wetland Jurisdiction In Rapanos V. United States, Jill Lambird Apr 2013

A Muddy Decision - The High Court Fails To Define The Corps' Wetland Jurisdiction In Rapanos V. United States, Jill Lambird

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Reaching Out Or Overreaching: Judicial Ethics And Self-Represented Litigants , Cynthia Gray Apr 2013

Reaching Out Or Overreaching: Judicial Ethics And Self-Represented Litigants , Cynthia Gray

Journal of the National Association of Administrative Law Judiciary

No abstract provided.