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Administrative Law Commons

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2013

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Institution
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Articles 421 - 450 of 702

Full-Text Articles in Administrative Law

Administrative Law: Review Of A Century, David Frohnmayer Apr 2013

Administrative Law: Review Of A Century, David Frohnmayer

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 Apr 2013

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 Apr 2013

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 …


Legal Summaries, Jeremy Black Apr 2013

Legal Summaries, Jeremy Black

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Is It The End Of An Era Or The Beginning Of An Error? The American Medical Association Finally Approves Work Hour Limits For Overworked & Sleep Deprived Medical Residents: Should Osha Still Step In?, W. Paige Hren Apr 2013

Is It The End Of An Era Or The Beginning Of An Error? The American Medical Association Finally Approves Work Hour Limits For Overworked & Sleep Deprived Medical Residents: Should Osha Still Step In?, W. Paige Hren

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Goldberg V. Kelly, Welfare Reform, And The Case Against Judicial Review For The Client In State Public Assistance Hearings, Brenda Brown Perez Apr 2013

Goldberg V. Kelly, Welfare Reform, And The Case Against Judicial Review For The Client In State Public Assistance Hearings, Brenda Brown Perez

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Critical Factors Of Adjudication: Language And The Adjudication Process In Executive And Judicial Branch Decisions, Christopher B. Mcneil Apr 2013

Critical Factors Of Adjudication: Language And The Adjudication Process In Executive And Judicial Branch Decisions, Christopher B. Mcneil

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


New Jersey's Office Of Administrative Law: The Importance Of Initial Choices , Jeff S. Masin Apr 2013

New Jersey's Office Of Administrative Law: The Importance Of Initial Choices , Jeff S. Masin

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Recommendations For A New Independent Adjudication Agency To Make The Final Administrative Adjudications Of Social Security Act Benefits Claims , Robin J. Arzt Apr 2013

Recommendations For A New Independent Adjudication Agency To Make The Final Administrative Adjudications Of Social Security Act Benefits Claims , Robin J. Arzt

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Legal Summaries, Tina Serebrakian, Ryan Yahne Apr 2013

Legal Summaries, Tina Serebrakian, Ryan Yahne

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


De-Regulation As The New Regulation: Telecom's Philosophy Turnabout And The Story Of A Forward-Looking Formula That Brought Back Competition , Christia Crocker Apr 2013

De-Regulation As The New Regulation: Telecom's Philosophy Turnabout And The Story Of A Forward-Looking Formula That Brought Back Competition , Christia Crocker

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Attempting To Find Some Common Ground For Illegal Aliens, And The Board's Ability To Award Back Pay: Hoffman Plastic Compounds, Inc. V. Nlrb , Stephen M. Hernandez Apr 2013

Attempting To Find Some Common Ground For Illegal Aliens, And The Board's Ability To Award Back Pay: Hoffman Plastic Compounds, Inc. V. Nlrb , Stephen M. Hernandez

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Paternalistic Discrimination: The Chevron Deference Misplaced In Chevron U.S.A., Inc. V. Echazabal, Tricia M. Patterson Apr 2013

Paternalistic Discrimination: The Chevron Deference Misplaced In Chevron U.S.A., Inc. V. Echazabal, Tricia M. Patterson

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Oregon's Hearing Officer Panel , Thomas E. Ewing Apr 2013

Oregon's Hearing Officer Panel , Thomas E. Ewing

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Alj Control Of The Hearing: What Does An Alj Do About An Unruly Witness Or Obstreperous Attorney?, Allen Shoenberger Apr 2013

Alj Control Of The Hearing: What Does An Alj Do About An Unruly Witness Or Obstreperous Attorney?, Allen Shoenberger

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Administrative Law Judge As A Bridge Between Law And Culture, Phyllis E. Bernard Apr 2013

The Administrative Law Judge As A Bridge Between Law And Culture, Phyllis E. Bernard

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Legal Summaries, Emily Edwards Apr 2013

Legal Summaries, Emily Edwards

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Business Roundtable V. Securities And Exchange Commission: The Sec's First Big Shot At Proxy Access In The Shadow Of Dodd-Frank, Raymond E. Areshenko Apr 2013

Business Roundtable V. Securities And Exchange Commission: The Sec's First Big Shot At Proxy Access In The Shadow Of Dodd-Frank, Raymond E. Areshenko

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Role Of The Olc In Providing Legal Advice To The Commander-In-Chief After September 11th: The Choices Made By The Bush Administration Office Of Legal Counsel, Arthur H. Garrison Apr 2013

The Role Of The Olc In Providing Legal Advice To The Commander-In-Chief After September 11th: The Choices Made By The Bush Administration Office Of Legal Counsel, Arthur H. Garrison

Journal of the National Association of Administrative Law Judiciary

The first two roles of the U.S. Attorney General from its inception were to represent the interests of the United States before the U.S. Supreme Court and to advise the President on matters of the law. Despite the Attorney General delegating both roles, the former to the Solicitor General and the latter to the Office of Legal Counsel (OLC), the Attorney General and the Department of Justice are by statute and tradition looked upon to be the protectors of the rule of law within the Executive Branch. It is to the Attorney General, and by delegation to the OLC, to …


Procedures And Remedies Under Section 504 And The Ada For Public School Children With Disabilities, Mark C. Weber Apr 2013

Procedures And Remedies Under Section 504 And The Ada For Public School Children With Disabilities, Mark C. Weber

Journal of the National Association of Administrative Law Judiciary

Much has been written about procedures and remedies under the Individuals with Disabilities Education Act, but few scholars have explored procedural rights and corresponding mechanisms of administrative and judicial relief for victims of public schools' violations of children's rights under section 504 of the Rehabilitation Act of 1973 and title II of the Americans with Disabilities Act. This paper will discuss the administrative procedures that must be followed in hearings regarding complaints of violations of those laws by public school districts and the relief that hearing officers and courts may provide. It will begin with an update on developments regarding …


The Helter Skelter World Of Idea Eligibility For Specific Learning Disability: The Clash Of Response-To-Intervention And Child Find Requirements, Torin D. Togut, Jennifer E. Nix Apr 2013

The Helter Skelter World Of Idea Eligibility For Specific Learning Disability: The Clash Of Response-To-Intervention And Child Find Requirements, Torin D. Togut, Jennifer E. Nix

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Disabled Students' Rights Of Access To Charter Schools Under The Idea, Section 504 And The Ada, Robert A. Garda Jr. Apr 2013

Disabled Students' Rights Of Access To Charter Schools Under The Idea, Section 504 And The Ada, Robert A. Garda Jr.

Journal of the National Association of Administrative Law Judiciary

Charter schools are under increasing attack for denying admission to disabled students. But traditional schools also turn away disabled students, often preventing them from attending schools in their neighborhood or within their district. This Article discusses when a school is permitted under federal disability law to deny admission to a disabled student. After nearly four decades of special education jurisprudence and regulatory guidance, the circumstances under which a student with a disability may be denied admission to a particular school are still remarkably unclear. This Article first discusses the ‘zero-reject‘ principle underlying the Individuals with Disabilities Education Act and concludes …


California Hearing Officer Decisions, Ruth Colker Apr 2013

California Hearing Officer Decisions, Ruth Colker

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Legal Summaries, Jennifer Weatherup Apr 2013

Legal Summaries, Jennifer Weatherup

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Connecticut Department Of Public Safety V. Doe: The Supreme Court's Clarification Of Whether Sex Offender Registration And Notification Laws Violate Convicted Sex Offenders' Right To Procedural Due Process, Gabriel Baldwin Apr 2013

Connecticut Department Of Public Safety V. Doe: The Supreme Court's Clarification Of Whether Sex Offender Registration And Notification Laws Violate Convicted Sex Offenders' Right To Procedural Due Process, Gabriel Baldwin

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Relaxing The Rules Of Media Ownership: Localism And Competition And Diversity, Oh My! The Frightening Road Of Deregulation , Kristen Morse Apr 2013

Relaxing The Rules Of Media Ownership: Localism And Competition And Diversity, Oh My! The Frightening Road Of Deregulation , Kristen Morse

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Finality: What Constitutes Final Agency Action? The Practical Implications Of The D.C. Circuit's Ruling In Reliable Automatic Sprinkler Co. V. Consumer Product Safety Commission, Jason Fowler Apr 2013

Finality: What Constitutes Final Agency Action? The Practical Implications Of The D.C. Circuit's Ruling In Reliable Automatic Sprinkler Co. V. Consumer Product Safety Commission, Jason Fowler

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Agencies And The Arts: The Dilemma Of Subsidizing Expression, Jennifer Weatherup Apr 2013

Agencies And The Arts: The Dilemma Of Subsidizing Expression, Jennifer Weatherup

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Election Of Remedies In Kentucky Employment Discrimination Cases - Dead Or Alive?, Rainbow Forbes Apr 2013

Election Of Remedies In Kentucky Employment Discrimination Cases - Dead Or Alive?, Rainbow Forbes

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Central Panel: A Response To Critics, John Hardwicke, Thomas E. Ewing Apr 2013

The Central Panel: A Response To Critics, John Hardwicke, Thomas E. Ewing

Journal of the National Association of Administrative Law Judiciary

No abstract provided.