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Administrative law

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Articles 31 - 60 of 69

Full-Text Articles in Judges

Fixing Disability Courts, D. Randall Frye Jun 2014

Fixing Disability Courts, D. Randall Frye

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Resolving The Alj Quandary, Kent Barnett May 2014

Resolving The Alj Quandary, Kent Barnett

Journal of the National Association of Administrative Law Judiciary

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 …


Clarence Thomas And Administrative Law, William Funk Apr 2013

Clarence Thomas And Administrative Law, William Funk

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Court Of Appeals Review Of Administrative Law Judges' Findings And Opinions , Patricia M. Wald Apr 2013

Court Of Appeals Review Of Administrative Law Judges' Findings And Opinions , Patricia M. Wald

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Administrative Adjudication Total Quality Management: The Only Way To Reduce Costs And Delays Without Sacrificing Due Process, Edwin L. Felter Jr Apr 2013

Administrative Adjudication Total Quality Management: The Only Way To Reduce Costs And Delays Without Sacrificing Due Process, Edwin L. Felter Jr

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Evolution And Role Of The Administrative Law Judge At The Office Of Hearings And Appeals In The Social Security Administration, Charles N. Bono Apr 2013

The Evolution And Role Of The Administrative Law Judge At The Office Of Hearings And Appeals In The Social Security Administration, Charles N. Bono

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Evidence For Administrative Law Judges, Christine Mckenna Moore Apr 2013

Evidence For Administrative Law Judges, Christine Mckenna Moore

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Active Administrative Law Judge: Is There Harm In An Alj Asking?, Allen E. Shoenberger Apr 2013

The Active Administrative Law Judge: Is There Harm In An Alj Asking?, Allen E. Shoenberger

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Report To The Judicial Council On The Administrative Law Judge Statute, James F. Flanagan Apr 2013

Report To The Judicial Council On The Administrative Law Judge Statute, James F. Flanagan

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Evidence Column, Paul R. Troeh Jr. Apr 2013

Evidence Column, Paul R. Troeh Jr.

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.


The Proposed New Examination For Federal Administrative Law Judge: An Exchange, Craig B. Pettibone, David J. Agatstein, Edwin S. Bernstein, Marvin H. Morse, Evan L. Hultman Apr 2013

The Proposed New Examination For Federal Administrative Law Judge: An Exchange, Craig B. Pettibone, David J. Agatstein, Edwin S. Bernstein, Marvin H. Morse, Evan L. Hultman

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Necessary Qualities Of An Administrative Law Judge: Manual For Administrative Law Judges, Morgan E. Thompson Apr 2013

The Necessary Qualities Of An Administrative Law Judge: Manual For Administrative Law Judges, Morgan E. Thompson

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


This Alj Said Too Much: Prison Hearing Officer Charges Michigan Department Of Corrections With First Amendment Violations And Race Discrimination, Carolyn Amadon Apr 2013

This Alj Said Too Much: Prison Hearing Officer Charges Michigan Department Of Corrections With First Amendment Violations And Race Discrimination, Carolyn Amadon

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Managing Your Docket Effectively And Efficiently, Edward J. Schoenbaum Apr 2013

Managing Your Docket Effectively And Efficiently, Edward J. Schoenbaum

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Striking A Balance: Administrative Law Judge Independence And Accountability, R. Terrence Harders Apr 2013

Striking A Balance: Administrative Law Judge Independence And Accountability, R. Terrence Harders

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.


Improving Public Trust & Confidence In Administrative Adjudication: What An Administrative Law Judge Can Do, Edward J. Schoenbaum Apr 2013

Improving Public Trust & Confidence In Administrative Adjudication: What An Administrative Law Judge Can Do, Edward J. Schoenbaum

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Appendix V - Selected Agency Procedural Rules, Morell E. Mullins Apr 2013

Appendix V - Selected Agency Procedural Rules, Morell E. Mullins

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Appendix Iv - Books, Articles (Federal & State) & State (Books & Articles), Morell E. Mullins Apr 2013

Appendix Iv - Books, Articles (Federal & State) & State (Books & Articles), Morell E. Mullins

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Appendix Iii - Selected Bibliography: Trial Manuals, Style Manuals, And Works On Writing, Morell E. Mullins Apr 2013

Appendix Iii - Selected Bibliography: Trial Manuals, Style Manuals, And Works On Writing, Morell E. Mullins

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Appendix Ii - Selected Bibliography: Alternative Dispute Resolution, Morell E. Mullins Apr 2013

Appendix Ii - Selected Bibliography: Alternative Dispute Resolution, Morell E. Mullins

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Appendix I - Forms, Morell E. Mullins Apr 2013

Appendix I - Forms, Morell E. Mullins

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Manual For Administrative Law Judges, Morell E. Mullins Apr 2013

Manual For Administrative Law Judges, Morell E. Mullins

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.


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.


Simplifying The Standard Of Review In North Carolina Administrative Appeals, Sarah H. Ludington Jan 2013

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

Faculty Scholarship

No abstract provided.


The Supreme Court’S Regulation Of Civil Procedure: Lessons From Administrative Law, Lumen N. Mulligan, Glen Staszewski Jun 2012

The Supreme Court’S Regulation Of Civil Procedure: Lessons From Administrative Law, Lumen N. Mulligan, Glen Staszewski

Faculty Works

In this Article, we argue that the Supreme Court should route most Federal Rules of Civil Procedure issues through the notice-and-comment rulemaking process of the Civil Rules Advisory Committee instead of issuing judgments in adjudications, unless the case can be resolved solely through the deployment of traditional tools of statutory construction. While we are not the first to express a preference for rulemaking on civil procedure issues, we advance the position in four significant ways. First, we argue that the Supreme Court in the civil procedure arena is vested with powers analogous to most administrative agencies. Second, building upon this …


Paul Verkuil's Projects For The Administrative Conference Of The U.S. 1974-1992, Jeffrey Lubbers Jan 2011

Paul Verkuil's Projects For The Administrative Conference Of The U.S. 1974-1992, Jeffrey Lubbers

Scholarly Articles in Law Reviews & Journals

I am really happy to be part of this tribute to Paul Verkuil. It may surprise those in the audience to learn that I am bringing some needed diversity to today's proceedings - I am the only other Dutch American on the program! But perhaps my twenty years at the "Administrative Conference" also qualifies me to say a few words about how thrilled I am that we have it back - "ACUS 2.0" we can call it, complete with a website this time- and that Paul is at its helm. And I want to thank Paul for bringing me back …


Reasonable Suspicion Or Real Likelihood: A Question Of Semantics? Re Shankar Alan S/O Anant Kulkarni, Lionel Leo, Siyuan Chen Dec 2008

Reasonable Suspicion Or Real Likelihood: A Question Of Semantics? Re Shankar Alan S/O Anant Kulkarni, Lionel Leo, Siyuan Chen

Research Collection Yong Pung How School Of Law

The law on apparent bias has been mired in some controversy following the High Court decision of Re Shankar Alan s/o Anant Kulkarni, where Sundaresh Menon J.C. seemingly departed from the tentative views of Andrew Phang J.C. (as he then was) in Tang Kin Hwa v. Traditional Chinese Medicine Practitioners Board on the issue of whether there were any material differences between the “reasonable suspicion of bias” test and the “real likelihood of bias” test, the two formulations of the test for apparent bias that have been variously adopted by different jurisdictions in the common law world. In Tang Kin …