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Articles 6061 - 6090 of 13812

Full-Text Articles in Administrative Law

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.


The Administrative Judiciary's Independence Myth, James E. Moliterno Apr 2013

The Administrative Judiciary's Independence Myth, James E. Moliterno

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Creeping Judicialization In Special Education Hearings?: An Exploratory Study, Perry A. Zirkel, Zorka Karanxha, Anastasia D'Angelo Apr 2013

Creeping Judicialization In Special Education Hearings?: An Exploratory Study, Perry A. Zirkel, Zorka Karanxha, Anastasia D'Angelo

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Administrative Alternatives To Judicial Branch Congestion, John G. Farrell Apr 2013

Administrative Alternatives To Judicial Branch Congestion, John G. Farrell

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Redressing The Balance: An Examination Of The Scope First Amendment Protections, Prosecutorial Discretion, And Probable Cause In The Wake Of Hartman V. Moore, Anjoli Terhune Apr 2013

Redressing The Balance: An Examination Of The Scope First Amendment Protections, Prosecutorial Discretion, And Probable Cause In The Wake Of Hartman V. Moore, Anjoli Terhune

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Legal Summaries, Leslie Polizzotto Apr 2013

Legal Summaries, Leslie Polizzotto

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


When Public Employees Speak Out On Issues Of Public Concern: The Applicability Of Pickering In Garcetti V. Ceballos, Jayne Chen Apr 2013

When Public Employees Speak Out On Issues Of Public Concern: The Applicability Of Pickering In Garcetti V. Ceballos, Jayne Chen

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Placing The Ball In Congress' Court: A Critical Analysis Of The Supreme Court's Decision In Arlington Central School District Board Of Education V. Murphy, 126 S. Ct. 2455 (2006), Ashlie D'Errico Surur Apr 2013

Placing The Ball In Congress' Court: A Critical Analysis Of The Supreme Court's Decision In Arlington Central School District Board Of Education V. Murphy, 126 S. Ct. 2455 (2006), Ashlie D'Errico Surur

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Supreme Court Once Again Says No To Taxpayer Standing - The Implications Of Daimlerchrysler Corp. V. Cuno, Natasha Patel Apr 2013

The Supreme Court Once Again Says No To Taxpayer Standing - The Implications Of Daimlerchrysler Corp. V. Cuno, Natasha Patel

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Active Bar Membership October 15, 2007 Federal Administrative Law Judges: A Critique Of The "Active" Bar Membership Regulation , David J. Agatstein Apr 2013

Active Bar Membership October 15, 2007 Federal Administrative Law Judges: A Critique Of The "Active" Bar Membership Regulation , David J. Agatstein

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


A Full And Fair Hearing: The Role Of The Alj In Assisting The Pro Se Litigant, Paris R. Baldacci Apr 2013

A Full And Fair Hearing: The Role Of The Alj In Assisting The Pro Se Litigant, Paris R. Baldacci

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Role Of Deference In Judicial Review Of Agency Action: A Comparison Of Federal Law, Uniform State Acts, And The Iowa Apa, Anuradha Vaitheswaran, Thomas A. Mayes Apr 2013

The Role Of Deference In Judicial Review Of Agency Action: A Comparison Of Federal Law, Uniform State Acts, And The Iowa Apa, Anuradha Vaitheswaran, Thomas A. Mayes

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Materiality In Sarbanes-Oxley Act Employee Protection Claims, William Dorsey Apr 2013

Materiality In Sarbanes-Oxley Act Employee Protection Claims, William Dorsey

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Legal Summaries, Leslie Polizzotto Apr 2013

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 Apr 2013

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.


The Scales Tip In Favor Of Parents In Winkelman V. Parma City School District, Nidya Aldana Paredes Apr 2013

The Scales Tip In Favor Of Parents In Winkelman V. Parma City School District, Nidya Aldana Paredes

Journal of the National Association of Administrative Law Judiciary

This case note presents a thorough examination of the Supreme Court's recent opinion in Winkelman and its effect on parents and school districts involved in special education law. Part II relates the historical background of special education law with an emphasis on the role of parents. In Part III the facts of the Winkelman decision are summarized. Part IV sets forth an analytical critique of the Supreme Court majority and dissenting opinions. Then Part V of the article contains the impact of the Winkelman decision on special education law in general and on parents and school districts. Part VI concludes …


Massachusetts V. Environmental Protection Agency, Exploring The Merits Of Greenhouse Gas Regulation, Elise Korican Apr 2013

Massachusetts V. Environmental Protection Agency, Exploring The Merits Of Greenhouse Gas Regulation, Elise Korican

Journal of the National Association of Administrative Law Judiciary

The purpose of this case note is to explore the Supreme Court's decision in Massachusetts v. EPA. Part II provides the historical background of global warming, related legislation, the enactment of the Clean Air Act and later amendments, as well as relevant case holdings as to judicial review of agency decisions and implementation of the Clean Air Act. Part III sets out the operative facts of the Massachusetts v. EPA case beginning with the initial rulemaking petition, through the decision of the district court of appeals, and describes the facts as presented to the Supreme Court. Part IV outlines the …