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Administrative Law Commons

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2013

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Institution
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Articles 571 - 600 of 702

Full-Text Articles in Administrative Law

California And Uncle Sam's Tug-Of-War Over Mary Jane Is Really Harshing The Mellow, Daniel Mortensen Mar 2013

California And Uncle Sam's Tug-Of-War Over Mary Jane Is Really Harshing The Mellow, Daniel Mortensen

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Louisiana's Division Of Administrative Law: An Independent Administrative Hearings Tribunal , Ann Wise Mar 2013

Louisiana's Division Of Administrative Law: An Independent Administrative Hearings Tribunal , Ann Wise

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


There But For The Grace Of God Go I: The Right Of Cross-Examination In Social Security Disability Hearings , Bradley S. Dixon Mar 2013

There But For The Grace Of God Go I: The Right Of Cross-Examination In Social Security Disability Hearings , Bradley S. Dixon

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Accountability In The Administrative Law Judiciary: The Right And The Wrong Kind, Edwin L. Felter Jr Mar 2013

Accountability In The Administrative Law Judiciary: The Right And The Wrong Kind, Edwin L. Felter Jr

Journal of the National Association of Administrative Law Judiciary

This article discusses and evaluates several forms of accountability in the administrative law judiciary, and compares them with prevalent forms of accountability in the judicial branch. Felter argues that codes of judicial conduct, as well as formal enforcement mechanisms, work together to maintain a balance of independence and accountability in the administrative law judiciary. The article analyzes the "right kinds" of accountability as distinguished from the "wrong kind" of accountability, i.e., political accountability. The article maintains that decisional independence is the cornerstone of any properly functioning adjudication system. The price of decisional independence is accountability to concepts and mechanisms other …


Greater Independence For Aljs Plus Cost Savings For Agencies: The Coast Guard Model, Walter J. Brudzinski Mar 2013

Greater Independence For Aljs Plus Cost Savings For Agencies: The Coast Guard Model, Walter J. Brudzinski

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Hearing On Regulating The Regulators - Reducing Burdens On Small Business, Rena I. Steinzor Mar 2013

Hearing On Regulating The Regulators - Reducing Burdens On Small Business, Rena I. Steinzor

Congressional Testimony

No abstract provided.


Legal Summaries, Daniel Lamb Mar 2013

Legal Summaries, Daniel Lamb

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Summary Of Administrative Law Judge Responsibilities, Daniel F. Solomon Mar 2013

Summary Of Administrative Law Judge Responsibilities, Daniel F. Solomon

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Rhetorical Judgments: Using Holistic Assessment To Improve The Quality Of Administrative Decisions, Roger J. Klurfeld, Steven Placek Mar 2013

Rhetorical Judgments: Using Holistic Assessment To Improve The Quality Of Administrative Decisions, Roger J. Klurfeld, Steven Placek

Journal of the National Association of Administrative Law Judiciary

Federal, state, and local governments issue hundreds of thousands of administrative decisions annually. Considering the number of encounters the public has with administrative appeal agencies, administrative decisions may be the largest category of legal writing and reading interaction the public has with the legal system. Many of these agencies have identified writing quality - however they define it - as a priority in their strategic plans, but the overwhelming number of hearings and decisions, coupled with regulatory guidelines for timeliness, may subordinate this goal to other management priorities. Improving the quality of administrative decisions at these agencies presents a practical …


Chasing The Atticus Code - Preserving Adjudication Integrity In Local Administrative Hearings , Michael N. Widener Mar 2013

Chasing The Atticus Code - Preserving Adjudication Integrity In Local Administrative Hearings , Michael N. Widener

Journal of the National Association of Administrative Law Judiciary

In the United States administrative law realm, there purportedly exist more than 19 thousand municipal governments, 16 thousand town or township governments; three thousand county governments, 13 thousand school districts and 35 thousand special district governments. This essay argues that these local adjudicative loci largely neglect the ethical guidance or direction of lawyers serving in government-official capacities without holding elected nor judicial positions. I dub these decision-makers “Atticus.” Citizens support the notion of external codes of professional responsibility for such persons not necessarily because they believe that “lawyering rules” are well constructed or property enforced, but because they doubt lawyers …


Legal Summaries, Daniel Shank Mar 2013

Legal Summaries, Daniel Shank

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Regulating Violence In Video Games: Virtually Everything, Alan Wilcox Mar 2013

Regulating Violence In Video Games: Virtually Everything, Alan Wilcox

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


A Specter Is Haunting The Financial Industry - The Specter Of The Global Financial Crisis: A Comment On The Imminent Expansion Of Consumer Financial Protection In The United States, The United Kingdom, And The European Union, Daniel Lamb Mar 2013

A Specter Is Haunting The Financial Industry - The Specter Of The Global Financial Crisis: A Comment On The Imminent Expansion Of Consumer Financial Protection In The United States, The United Kingdom, And The European Union, Daniel Lamb

Journal of the National Association of Administrative Law Judiciary

This Comment explores the regulatory fallout from the global financial crisis. Across borders, policy makers are united in their conviction to reconcile the perceived failures of their predecessors to foresee and prevent the crisis, the effects of which show no signs of abating. A critical component of what caused the crisis was the inability to correct failures in the consumer credit market, specifically in subprime mortgages. Exacerbated by an influx of capital and a generally weak regulatory environment, this market failure manifested itself forcefully through a tidal wave of defaults in the American mortgage market that sent shock waves around …


Closing An Administrative Loophole: Ethics For The Administrative Judiciary, Diana Gillis Mar 2013

Closing An Administrative Loophole: Ethics For The Administrative Judiciary, Diana Gillis

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Murky Immigration Law And The Challenges Facing Immigration Removal And Benefits Adjudication, Jill E. Family Mar 2013

Murky Immigration Law And The Challenges Facing Immigration Removal And Benefits Adjudication, Jill E. Family

Journal of the National Association of Administrative Law Judiciary

Immigration adjudication is more diverse than it may seem. Scholars tend to focus on one aspect of administrative immigration adjudication, the decision-making process established to determine whether an individual may be removed (deported) from the United States. But there is a whole other function of administrative immigration adjudication that relatively is ignored in the legal literature. Immigration adjudicators are also tasked with determining whether to grant immigration benefits, such as whether to grant lawful permanent resident (green card) status. Both types of administrative immigration adjudication, removal and benefits, are in crisis. This article explores the challenges facing each and argues …


The Remedial Authority Of Hearing And Review Officers Under The Individuals With Disabilities Education Act: An Update, Perry A. Zirkel Mar 2013

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

Journal of the National Association of Administrative Law Judiciary

This article provides an update of a comprehensive review that was published five years ago, which synthesized the various sources of law specific to the remedial authority of hearing/review officers (H/ROs) under the Individuals with Disabilities Education Act (IDEA).


The Doj Gives States A Gift, I. Nelson Rose Mar 2013

The Doj Gives States A Gift, I. Nelson Rose

UNLV Gaming Law Journal

No abstract provided.


Jeffrey A. Silver: The Man Who Exiled Frank "Lefty" Rosenthal From Nevada Gaming, Kirk D. Homeyer Mar 2013

Jeffrey A. Silver: The Man Who Exiled Frank "Lefty" Rosenthal From Nevada Gaming, Kirk D. Homeyer

UNLV Gaming Law Journal

No abstract provided.


Resolving The Alj Quandary, Kent H. Barnett Mar 2013

Resolving The Alj Quandary, Kent H. Barnett

Scholarly Works

Three competing constitutional and practical concerns surround federal administrative law judges (“ALJs”), who preside over all formal adjudications within the executive branch. First, if ALJs are “inferior Officers” (not mere employees), as five current Supreme Court Justices have suggested, the current method of selecting many ALJs likely violates the Appointments Clause. Second, a recent U.S. Supreme Court decision reserved the question whether the statutory protections that prevent ALJs from being fired at will impermissibly impinge upon the President’s supervisory power under Article II. Third, these same protections from removal may, on the other hand, be too limited to satisfy impartiality …


Should Casinos Exist As Monopolies Or Should Casinos Be In Open Markets?, William N. Thompson, Catherine Prentice Mar 2013

Should Casinos Exist As Monopolies Or Should Casinos Be In Open Markets?, William N. Thompson, Catherine Prentice

UNLV Gaming Law Journal

No abstract provided.


Indecency Sells. . . But It Comes At An Unfortunate Price: A Look At Whether Gaming Authorities Can Regulate Advertising, Jonathan Peck Mar 2013

Indecency Sells. . . But It Comes At An Unfortunate Price: A Look At Whether Gaming Authorities Can Regulate Advertising, Jonathan Peck

UNLV Gaming Law Journal

No abstract provided.


The California Youth Authority: Planning For A Better Tomorrow, Pearl S. West Feb 2013

The California Youth Authority: Planning For A Better Tomorrow, Pearl S. West

Pepperdine Law Review

No abstract provided.


Unlocking Secure Communities: The Role Of The Freedom Of Information Act In The Department Of Homeland Security's Secure Communities, Erica Lynn Tokar Feb 2013

Unlocking Secure Communities: The Role Of The Freedom Of Information Act In The Department Of Homeland Security's Secure Communities, Erica Lynn Tokar

Legislation and Policy Brief

In 1941, members of the Attorney General’s Committee on Administrative Procedure agreed unanimously that “an important and far-reaching defect of administrative law has been the simple lack of public information concerning its substance and procedure.” The Freedom of Information Act (FOIA) uniquely addresses this concern by providing members of the general public an opportunity to consider and respond to administrative action by viewing actual agency records. FOIA affords broad access to “any person,” and it has become a key tool for both organizations and individuals who not only wish to learn more about the inner workings of the U.S. government, …


Cityland – Vol. 10, No. 1, Center For New York City Law Feb 2013

Cityland – Vol. 10, No. 1, Center For New York City Law

CityLand - 2013

This issue of CityLand highlights major land use and preservation developments in New York City as of February 2013. It opens with a retrospective of the top ten stories of 2012, including NYU’s campus expansion, the landmarking of Brinckerhoff Cemetery, and the Chelsea Market expansion. The City Council approved the East Village/Lower East Side Historic District, while the City Planning Commission celebrated its 75th anniversary and advanced the Durst West 57th Street development. A proposed rezoning in Flushing faced opposition from Community Board 7. Landmark Preservation Commission approved the renovation of the Rainbow Room and denied legalization of unauthorized alterations …


Analysis Of Three Current Trends In Administrative Law: Reducing Administrative Delay, Expanding Public Participation, And Increasing Agency Accountability , Gregory L. Ogden Feb 2013

Analysis Of Three Current Trends In Administrative Law: Reducing Administrative Delay, Expanding Public Participation, And Increasing Agency Accountability , Gregory L. Ogden

Pepperdine Law Review

No abstract provided.


The Invalidation Of Mandatory Cable Access Regulations: Fcc V. Midwest Video Corp., Robert L. Clarkson Feb 2013

The Invalidation Of Mandatory Cable Access Regulations: Fcc V. Midwest Video Corp., Robert L. Clarkson

Pepperdine Law Review

No abstract provided.


Regulatory Reform: Toward More Balanced And Flexible Federal Agency Regulation, Donald T. Bliss Feb 2013

Regulatory Reform: Toward More Balanced And Flexible Federal Agency Regulation, Donald T. Bliss

Pepperdine Law Review

The Reagan administration's desire to stimulate the national economy has resulted in a fundamental change in our federal regulatory scheme. By executive order No. 12,291, the regulatory process has been brought under the scrutiny and control of the President in order to insure the pursuit of rational economic objectives. This recent executive decree represents the latest attempt to meet the challenge of a decade long attack on federal regulation. The author critically examines the scope of this order while prospectively analyzing the attendant problems this particular type of reform will encounter. Mr. Bliss ultimately suggests the Reagan administration's approach to …


Police Shootings - Administrative Law As A Method Of Control Over Police: Peterson V. City Of Long Beach, James Wright Feb 2013

Police Shootings - Administrative Law As A Method Of Control Over Police: Peterson V. City Of Long Beach, James Wright

Pepperdine Law Review

Professor Kenneth Davis has long advocated that police manuals should be viewed as interpretative administrative rules, which would guide police in their daily activities. He argued that police departments should not fear adopting interpretative rules because such rules would not be binding; therefore, the department would not be subject to tort liability if an officer violated such a rule. In Peterson v. City of Long Beach, a police officer violated the police manual when he shot and killed a non-violent fleeing suspect. The California Supreme Court, in an opinion by Justice Frank Newman, cited Professor Davis and his call for …


Energy, Environment And Lng: Perceptions And Perspectives Of Kaleidoscopic Issues, Robert E. Lutz Feb 2013

Energy, Environment And Lng: Perceptions And Perspectives Of Kaleidoscopic Issues, Robert E. Lutz

Pepperdine Law Review

No abstract provided.


Energy In The Eighties—Energy Law Symposium: Lng In Southern California, Robert E. Lutz Feb 2013

Energy In The Eighties—Energy Law Symposium: Lng In Southern California, Robert E. Lutz

Pepperdine Law Review

In Malibu, California, on November 15, 1980, Pepperdine University School of Law hosted a symposium which focused on energy decision-making and the attorney's role in the energy regulatory process. A cross section of viewpoints was represented including: officers from the utility companies; personnel from federal and state regulatory agencies; landowners from the proposed siting area; and others who play an important role in deciding whether and how to bring LNG to California. The Symposium provided a forum for a panel discussion of the siting process. Western Liquefied Natural Gas's attempt to bring liquefied natural gas to Southern California was used …