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Administrative Law Commons™

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Articles 5911 - 5940 of 13802

Full-Text Articles in Administrative Law

Judicial Independence In Administrative, Adjudication: Past, Present, And Future , Ann Marshall Young Apr 2013

Judicial Independence In Administrative, Adjudication: Past, Present, And Future , Ann Marshall Young

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Administrative Hearing Officer And The National Appeals Division Of The United States Department Of Agriculture: A Brief History, A Contemporary Perspective, And Some Thoughts For The Future, Christopher B. Mcneil Apr 2013

The Administrative Hearing Officer And The National Appeals Division Of The United States Department Of Agriculture: A Brief History, A Contemporary Perspective, And Some Thoughts For The Future, Christopher B. Mcneil

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Unreviewability In State Administrative Law, Charles H. Koch Jr. Apr 2013

Unreviewability In State Administrative Law, Charles H. Koch Jr.

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Is The Rule Of Necessity Really Necessary In State Administrative Law: The Central Panel Solution, Arnold Rochvarg Apr 2013

Is The Rule Of Necessity Really Necessary In State Administrative Law: The Central Panel Solution, Arnold Rochvarg

Journal of the National Association of Administrative Law Judiciary

The rule of necessity is a judicial doctrine that permits a judge or agency decision maker to decide a case even if he or she would ordinarily be disqualified due to bias or prejudice . The rationale of the doctrine is that if there is no other person who can make the decision, let the biased person decide the case rather than have no decision made at all. The rule of necessity has been used in state administrative proceedings liberally despite the fact that it is widely recognized as unfair. This article analyzes current approaches to the doctrine, and after …


The Administrative Judiciary: Alj's In Historical Perspective, Michael Asimow Apr 2013

The Administrative Judiciary: Alj's In Historical Perspective, Michael Asimow

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Alj Final Orders On Appeal: Balancing Independence With Accountability, Jim Rossi Apr 2013

Alj Final Orders On Appeal: Balancing Independence With Accountability, Jim Rossi

Journal of the National Association of Administrative Law Judiciary

This essay addresses how ALJ final order authority in many state systems of administrative governance (among them Florida, Louisiana, Missouri, and South Carolina) poses a tension between independence and accountability. It is argued that political accountability is sacrificed where reviewing courts defer to ALJ final orders on issues of law and policy. Standards of review provide state courts with a way of restoring the balance between independence and accountability, but reviewing courts should heighten the deference they give to the agency's legal and policy positions -- giving little or no deference to the ALJ on these issues -- even where …


About Naalj, David J. Agatstein Apr 2013

About Naalj, David J. Agatstein

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The New York Administrative Corps Proposal: Another View, William J. Cowan Apr 2013

The New York Administrative Corps Proposal: Another View, William J. Cowan

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Should The State Pay The Fees Of Claimant Representatives In Unemployment Insurance Hearings?, Paul Wyler Apr 2013

Should The State Pay The Fees Of Claimant Representatives In Unemployment Insurance Hearings?, Paul Wyler

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Independence Of Administrative Tribunals In Canada: In Praise Of "Structural Heretics", H. N. Janisch Apr 2013

Independence Of Administrative Tribunals In Canada: In Praise Of "Structural Heretics", H. N. Janisch

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


About Naalj, David J. Agatstein Apr 2013

About Naalj, David J. Agatstein

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Ghost Of Crowell V. Benson And The Residual Role Of Judges And Agencies Under Federal Law, Linda R. Hirshman Apr 2013

The Ghost Of Crowell V. Benson And The Residual Role Of Judges And Agencies Under Federal Law, Linda R. Hirshman

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Administrative Law Judge And An Ethical Ideal Of The Judicial Role, Robert F. Ladenson Apr 2013

The Administrative Law Judge And An Ethical Ideal Of The Judicial Role, Robert F. Ladenson

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Agency Fact Finding, Walter J. Kendall Iii Apr 2013

Agency Fact Finding, Walter J. Kendall Iii

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Meeting The Challenge: Adjudication Under The 1981 Model State Administrative Procedure Act, Howard J. Swibel Apr 2013

Meeting The Challenge: Adjudication Under The 1981 Model State Administrative Procedure Act, Howard J. Swibel

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Proceedings Of The Naalj: Papers Delivered Before The 1987 Annual Meeting, David J. Agatstein Apr 2013

Proceedings Of The Naalj: Papers Delivered Before The 1987 Annual Meeting, David J. Agatstein

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Comments On "The Active Administrative Law Judge: Is There Harm In An Alj Asking?", Nigel G. Wright Apr 2013

Comments On "The Active Administrative Law Judge: Is There Harm In An Alj Asking?", Nigel G. Wright

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Right To Cross-Examine Physicians In Social Security Disability Cases, Victor G. Rosenblum Apr 2013

The Right To Cross-Examine Physicians In Social Security Disability Cases, Victor G. Rosenblum

Journal of the National Association of Administrative Law Judiciary

This Article examines the alternative readings and rationales of Richardson v. Perales regarding the cross-examination of reporting physicians in social security disability claim hearings. First, Part II compares the Sixth and Second Circuit's interpretation of the Perales rule, which supports the SSA's regulation and interpretation, to the Fifth Circuit's interpretation, which explicitly proclaims cross-examination, once duly requested, to be an absolute right. Part III questions whether the Perales Court's declaration that the SSA is “an [impartial] adjudicator and not . . . an advocate or adversary” remains empirically valid. Part IV discusses the SSA's recent assertions of management prerogatives that …


Methods Of Funding Central Panels: The Fiscal, Management, And Policy Implications, Bruce H. Johnson Apr 2013

Methods Of Funding Central Panels: The Fiscal, Management, And Policy Implications, Bruce H. Johnson

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Strengthening The Skills Of Administrative Law Judges, Kenneth Nickolai Apr 2013

Strengthening The Skills Of Administrative Law Judges, Kenneth Nickolai

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Judicial Review Of Forest Service Decisions Made Pursuant To The National Forest Management Act's Substantive Requirements: Time For A Science Court?, Kristen Potter Apr 2013

Judicial Review Of Forest Service Decisions Made Pursuant To The National Forest Management Act's Substantive Requirements: Time For A Science Court?, Kristen Potter

Journal of the National Association of Administrative Law Judiciary

This article is divided into five sections. Section I reviews the legal and historical background of forest law, culminating in NFMA, and establishes why many believe that the NFMA provides a greater role for courts. Section II presents the underpinnings of judicial review and deference to administrative agencies, such as the Forest Service. Section III provides examples of the deference applied in challenges to the Forest Service's attempted compliance with NFMA's diversity requirements. Section IV discusses the benefits and shortcomings of a specialized court in addressing the criticisms of the present system. Section V concludes that a specialized court is …


Civil Rights Are Civil Rights Are Civil Rights: The Inapplicability Of Preclusion To Unreviewed State Administrative Decisions , Heather Rutland Apr 2013

Civil Rights Are Civil Rights Are Civil Rights: The Inapplicability Of Preclusion To Unreviewed State Administrative Decisions , Heather Rutland

Journal of the National Association of Administrative Law Judiciary

This Comment addresses the history and intent behind administrative law and agency decision-making, and examines the differences between administrative proceedings and their judicial counterparts. Part II explains the history and effect of claim preclusion. Part III discusses the foundations of Administrative Law. Part IV reviews the Supreme Court's treatment of the preclusive effects of unreviewed agency determinations in civil rights cases, with particular focus on civil rights cases arising under Title VII, the ADEA, and §1983. Part V addresses the necessity and importance of judicial review of administrative agency findings. Part VI reviews the history and purpose of the civil …


About Naalj, David J. Agatstein Apr 2013

About Naalj, David J. Agatstein

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Book Reviews, David J. Agatstein Apr 2013

Book Reviews, David J. Agatstein

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Report On The National Conference Of Administrative Law Judges (Aba), Paul Wyler Apr 2013

Report On The National Conference Of Administrative Law Judges (Aba), Paul Wyler

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Administrative Law In Minnesota, William Brown Apr 2013

Administrative Law In Minnesota, William Brown

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


What Makes A Good Judge?, Jane W. Nelson Apr 2013

What Makes A Good Judge?, Jane W. Nelson

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Child Abuse Reporting In New York State: The Dilemma Of The Mental Health Professional, David J. Agatstein Apr 2013

Child Abuse Reporting In New York State: The Dilemma Of The Mental Health Professional, David J. Agatstein

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


An Overview Of The Federal Eeo Administrative Hearings Process, Audrey M. Scott Apr 2013

An Overview Of The Federal Eeo Administrative Hearings Process, Audrey M. Scott

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


A Specialized Court For Social Security? A Critique Of Recent Proposals, Robert E. Rains Apr 2013

A Specialized Court For Social Security? A Critique Of Recent Proposals, Robert E. Rains

Journal of the National Association of Administrative Law Judiciary

No abstract provided.