Administrative Law Commons^™

Administrative Alternatives To Judicial Branch Congestion, John G. Farrell

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Legal Summaries, Leslie Polizzotto

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Legal Summaries, Leslie Polizzotto

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

I Want My Mtv, But Not Your Vh1: A La Carte Cable, Bundling, And The Potential Great Cable Compromise, Holly Phillips

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Refugee Roulette In An Administrative Law Context: The Deja Vu Of Decisional Disparities In Agency Adjudication, Margaret H. Taylor

Journal of the National Association of Administrative Law Judiciary

In Refugee Roulette: Disparities in Asylum Adjudication (the Asylum Study), Professors Ramji-Nogales, Schoenholtz, and Schrag provide a comprehensive analysis of new data to document decisional disparities that undermine the fairness of asylum adjudication. The Asylum Study is an empirical project of remarkable scope. It examines patterns of asylum decisions at four different adjudication levels: at the asylum office interview, in immigration court, on administrative appeal to the Board of Immigration Appeals (BIA), and on petition for review to the federal courts of appeals. At each level, the Asylum Study generates empirical findings to support what we knew mostly by anecdote …

How Administrative Law Halted The Death Penalty In Maryland , Arnold Rochvarg

Journal of the National Association of Administrative Law Judiciary

Numerous arguments have been raised to halt the death penalty, including constitutional claims such as ineffective assistance of counsel, equal protection, right to trial by jury, and cruel and unusual punishment. The winning argument, however, in Evans v. State, a Maryland death penalty appeal, was based not on constitutional or criminal law, but rather Administrative Law. A death row inmate attacked the validity of the procedures for administering lethal injection capital punishment because the Maryland Department of Corrections had not followed the proper statutory procedures for adopting the regulation which set forth the capital punishment process. In order for a …

Legal Summaries, Oscar Gutierrez

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Legal Summaries, Lisa Lester

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Resolving The Alj Quandary, Kent Barnett

Vanderbilt Law Review

Federal administrative law judges ("ALJs") understand Euripides's irony all too well. They, along with Article I judges, are the demigods of federal adjudication. As both courts and ALJs have noted, the function of ALJs closely parallels that of Article III judges. ALJs hear evidence, decide factual issues, and apply legal principles in all formal administrative adjudications under the Administrative Procedure Act ("APA"). Indeed, they outnumber Article III judges and decide more than two hundred and fifty thousand cases each year. But they lack the defining characteristics of Article III deities.

Article III judges are installed under the Appointments Clause, enjoy …

Legal Summaries, Daniel Lamb

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Happy Air!: Strengthening The Role Of Administrative Law In Environmental Enforcement, Erica Bourdon

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Legal Summaries , Oscar Gutierrez

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

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

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Legal Summaries, Daniel Lamb

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

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

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

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 …

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 …

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 …

This Land Was Made For You And Me: Public Participation In Land Use Decisions In Singapore, Jack Tsen-Ta Lee

Research Collection Yong Pung How School Of Law

No abstract provided.

The Jurisdiction Of The D.C. Circuit, Matthew J.B. Lawrence, David K. Kessler, Eric M. Fraser, Stephen A. Calhoun

Faculty Scholarly Works

The U.S. Court of Appeals for the D.C. Circuit is unique among federal courts, well known for an unusual caseload that is disproportionally weighted toward administrative law. What explains that unusual caseload? This Article explores that question. We identify several factors that “push” some types of cases away from the Circuit and several factors that “pull” other cases to it. We give particular focus to the jurisdictional provisions of federal statutes, which reveal congressional intent about the types of actions over which the D.C. Circuit should have special jurisdiction. Through a comprehensive examination of the U.S. Code, we identify several …

Between Seminole Rock And A Hard Place: A New Approach To Agency Deference, Kevin O. Leske

Faculty Scholarship

No abstract provided.

Simplifying The Standard Of Review In North Carolina Administrative Appeals, Sarah H. Ludington

Faculty Scholarship

No abstract provided.

The Crucial But (Potentially) Precarious Position Of The Chief Compliance Officer, Deborah A. Demott

Faculty Scholarship

This Article, written for a symposium on compliance issues in financial-services firms, focuses on the role of the chief compliance officer (“CCO”). Contrasting the position with that held by a firm’s general counsel or Chief Legal Officer (CLO), the article argues that a CCO’s position holds distinct challenges. Additionally, although internal compliance systems and personnel may be characterized as functional substitutes for external regulation, assessing the strengths and weaknesses of internal compliance requires a willingness to look deep within firms. The article argues that the law and regulation may enhance firms’ incentives to invest in effective internal compliance but may …

Placing 'Reins' On Regulations: Assessing The Proposed Reins Act, Jonathan H. Adler

Faculty Publications

Over the past several decades, the scope, reach and cost of federal regulations have increased dramatically, prompting bipartisan calls for regulatory reform. One such proposed reform is the Regulations of the Executive in Need of Scrutiny Act (REINS Act). This proposal aims to restore political accountability to federal regulatory policy decisions by requiring both Houses of Congress to approve any proposed "major rule." In effect, the REINS Act would limit the delegation of regulatory authority to federal agencies, and restore legislative control and accountability to Congress. This article seeks to assess the REINS Act and its likely effects on regulatory …

Constitutional Uncertainty And The Design Of Social Insurance: Reflections On The Aca Case, Michael J. Graetz, Jerry L. Mashaw

Faculty Scholarship

The Health Care Case is best understood as a legal attack on the means but not the goals of the health care legislation. This emphasis on means rather than ends and on state over federal powers potentially poses significant risks for the complex institutional arrangements for social insurance that now exist and may imply harmful constraints on how Congress can restructure these programs to better meet the needs of the American people in the twenty-first-century economy. Not coincidentally, the new constitutional framework announced in the ACA decision favors those who want to dismantle rather than strengthen the nation’s social insurance …

The Jurisdiction Of The D.C. Circuit, Matthew B. Lawrence, Eric M. Fraser, David Kessler, Stephen A. Calhoun

Faculty Articles

The U.S. Court of Appeals for the D.C. Circuit is unique among federal courts, well known for an unusual caseload that is disproportionally weighted toward administrative law. What explains that unusual caseload? This Article explores that question. We identify several factors that “push” some types of cases away from the Circuit and several factors that “pull” other cases to it. We give particular focus to the jurisdictional provisions of federal statutes, which reveal congressional intent about the types of actions over which the D.C. Circuit should have special jurisdiction. Through a comprehensive examination of the U.S. Code, we identify several …

A Hen In The Parlor: Municipal Control And Enforcement Of Residential Chicken Coops, Chris Erchull

Student Competition & Published Writings

The locavore movement and similar trends in sustainable agriculture and health are renewing interest in backyard residential chicken coops. This Article analyzes some of the regulatory approaches cities and towns have taken to address backyard residential chicken coops. The Article focuses on how regulation can support and encourage the beneficial aspects of keeping backyard chickens while mitigating the potential harmful impact of excessive or irresponsibly managed residential chicken coops. In particular, the Article examines common trends in local regulation, like limits on the number and sex of birds allowed in each residential yard, setback and structural requirements, and animal welfare …

Deference Lotteries, Jud Mathews

Faculty Scholarship

When should courts defer to agency interpretations of statutes, and what measure of deference should agencies receive? Administrative law recognizes two main deference doctrines — the generous Chevron standard and the stingier Skidmore standard — but Supreme Court case law has not offered a bright-line rule for when each standard applies.

Many observers have concluded that courts’ deference practice is an unpredictable muddle. This Article argues that it is really a lottery, in the sense the term is used in expected utility theory. Agencies cannot predict which deference standard a court will apply or with what effect, but they have …