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Articles 1 - 28 of 28

Full-Text Articles in Legal Profession

Management Of Federal Agency Adjudication, Jeffrey S. Lubbers Apr 2013

Management Of Federal Agency Adjudication, Jeffrey S. Lubbers

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Nine Secrets For Living With Judges , J.P. Vero Apr 2013

Nine Secrets For Living With Judges , J.P. Vero

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.


Administrative Law Judges Under Fire: Association Of Administrative Law Judges, Inc. V. Heckler, David J. Agatstein Apr 2013

Administrative Law Judges Under Fire: Association Of Administrative Law Judges, Inc. V. Heckler, David J. Agatstein

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Erosion Of Judicial Immunity, David J. Agatstein Apr 2013

The Erosion Of Judicial Immunity, 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.


The Peer Review Process In Administrative Adjudication, Robert Robinson Gales Apr 2013

The Peer Review Process In Administrative Adjudication, Robert Robinson Gales

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.


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.


Education For Judicial Aspirants, Keith R. Fisher Mar 2013

Education For Judicial Aspirants, Keith R. Fisher

Journal of the National Association of Administrative Law Judiciary

Introductory judicial education (IJE) is an avenue for improving both appointive and elective systems of judicial selection. The impetus for considering this topic can be traced back to lingering unease with judicial selection and the ongoing (though now somewhat stagnant) debate over merit selection. Moreover, changes in the nature of law practice and the judicial role over the past several decades have rendered the gap between those two activities increasingly large. Moreover, surveys of minority communities have consistently demonstrated a far lower degree of confidence in the impartiality and fairness of our nation’s judges. IJE is an effort to maximize …


Evaluation Of Judicial Performance: A Tool For Self-Improvement, Richard L. Aynes Feb 2013

Evaluation Of Judicial Performance: A Tool For Self-Improvement, Richard L. Aynes

Pepperdine Law Review

The quality of our judicial system, like other institutions, is a function of the work performed by those who are afforded major roles in the dispensation of justice. Unmistakably. judges, jurors and lawyers assume key roles in this process. Professor Aynes, who is a member of the A.B.A.'s Evaluation of Judicial Performance Committee, recognizes that both judges and lawyers, unlike jurors, are professionals expected to bring more to the bench than honesty, good faith and diligence. The author observes that while efforts to improve the daily performance of attorneys have been well under way since the early 1970's, it i …


Sanctions - Stepchild Or Natural Heir To Trial And Appellate Court Delay Reduction?, Fred Woods Jan 2013

Sanctions - Stepchild Or Natural Heir To Trial And Appellate Court Delay Reduction?, Fred Woods

Pepperdine Law Review

No abstract provided.


Rambo Litigators: Pitting Aggressive Tactics Against Legal Ethics, Thomas M. Reavley Jan 2013

Rambo Litigators: Pitting Aggressive Tactics Against Legal Ethics, Thomas M. Reavley

Pepperdine Law Review

No abstract provided.


Introduction, Ronald F. Phillips Jan 2013

Introduction, Ronald F. Phillips

Pepperdine Law Review

No abstract provided.


The Los Angeles County Children's Court: A Model Facility For Child Abuse And Neglect Proceedings, Paul Boland Nov 2012

The Los Angeles County Children's Court: A Model Facility For Child Abuse And Neglect Proceedings, Paul Boland

Pepperdine Law Review

No abstract provided.


Milking The New Sacred Cow: The Supreme Court Limits The Peremptory Challenge On Racial Grounds In Powers V. Ohio And Edmonson V. Leesville Concrete Co., Bradley R. Kirk Nov 2012

Milking The New Sacred Cow: The Supreme Court Limits The Peremptory Challenge On Racial Grounds In Powers V. Ohio And Edmonson V. Leesville Concrete Co., Bradley R. Kirk

Pepperdine Law Review

No abstract provided.


California Practicum: A Guide To Coordination Of Civil Actions In California, Darren L. Brooks Nov 2012

California Practicum: A Guide To Coordination Of Civil Actions In California, Darren L. Brooks

Pepperdine Law Review

No abstract provided.


When Will Black Women Lawyers Slay The Two-Headed Dragon: Racism And Gender Bias, Wilma Williams Pinder Nov 2012

When Will Black Women Lawyers Slay The Two-Headed Dragon: Racism And Gender Bias, Wilma Williams Pinder

Pepperdine Law Review

No abstract provided.


A Reflection On American Justice At A Crossroads: A Public And Private Crisis, Maureen A. Weston Feb 2012

A Reflection On American Justice At A Crossroads: A Public And Private Crisis, Maureen A. Weston

Pepperdine Dispute Resolution Law Journal

In April, 2010, a prominent group of judges, attorneys, academics, private dispute resolution professionals, and policymakers gathered to reflect upon the current state and future of the American justice system. A symposium entitled American Justice at a Crossroads: A Public and Private Crisis was held at Pepperdine University School of Law under the joint sponsorship of the Straus Institute for Dispute Resolution, the Pepperdine Dispute Resolution Law Journal, and the International Institute for Conflict Prevention and Resolution (CPR Institute). This special symposium edition of the Journal is comprised of select papers and speeches presented at that event and provide thoughtful …


American Justice At A Crossroads: Remarks Of Thomas J. Stipanowich, Thomas J. Stipanowich Feb 2012

American Justice At A Crossroads: Remarks Of Thomas J. Stipanowich, Thomas J. Stipanowich

Pepperdine Dispute Resolution Law Journal

In April, 2010, a prominent group of judges, attorneys, academics, private dispute resolution professionals, and policymakers gathered to reflect upon the current state and future of the American justice system. A symposium entitled American Justice at a Crossroads: A Public and Private Crisis was held at Pepperdine University School of Law under the joint sponsorship of the Straus Institute for Dispute Resolution, the Pepperdine Dispute Resolution Law Journal, and the International Institute for Conflict Prevention and Resolution (CPR Institute). This special symposium edition of the Journal is comprised of select papers and speeches presented at that event and provide thoughtful …


American Justice At A Crossroads: Remarks Of Kathleen Bryan, Kathleen Bryan Feb 2012

American Justice At A Crossroads: Remarks Of Kathleen Bryan, Kathleen Bryan

Pepperdine Dispute Resolution Law Journal

In April, 2010, a prominent group of judges, attorneys, academics, private dispute resolution professionals, and policymakers gathered to reflect upon the current state and future of the American justice system. A symposium entitled American Justice at a Crossroads: A Public and Private Crisis was held at Pepperdine University School of Law under the joint sponsorship of the Straus Institute for Dispute Resolution, the Pepperdine Dispute Resolution Law Journal, and the International Institute for Conflict Prevention and Resolution (CPR Institute). This special symposium edition of the Journal is comprised of select papers and speeches presented at that event and provide thoughtful …


American Justice At A Crossroads: Opening Remarks, Kenneth Starr Feb 2012

American Justice At A Crossroads: Opening Remarks, Kenneth Starr

Pepperdine Dispute Resolution Law Journal

In April, 2010, a prominent group of judges, attorneys, academics, private dispute resolution professionals, and policymakers gathered to reflect upon the current state and future of the American justice system. A symposium entitled American Justice at a Crossroads: A Public and Private Crisis was held at Pepperdine University School of Law under the joint sponsorship of the Straus Institute for Dispute Resolution, the Pepperdine Dispute Resolution Law Journal, and the International Institute for Conflict Prevention and Resolution (CPR Institute). This special symposium edition of the Journal is comprised of select papers and speeches presented at that event and provide thoughtful …


Economical Litigation Agreements: The "Civil Litigation Prenup" Need, Basis, And Enforceability , Daniel B. Winslow, Alexandra Bedell-Healy Feb 2012

Economical Litigation Agreements: The "Civil Litigation Prenup" Need, Basis, And Enforceability , Daniel B. Winslow, Alexandra Bedell-Healy

Pepperdine Dispute Resolution Law Journal

This article identifies the basis and limits of the parties' abilities to define and enforce discovery in an ex ante contract. Despite the deficiencies of litigation, the free, public dispute resolution forum of the civil justice system provides significant value in commercial disputes. That value can be used to maximum mutual advantage only if parties replace the infinite discovery permitted in conventional litigation with the finite discovery contracted in Economical Litigation Agreement (ELA) litigation. This article will help parties to understand the benefit and enforceability of the ELA.


Keynote Address: Civil Justice At A Crossroads , Rebecca Love Kourlis Feb 2012

Keynote Address: Civil Justice At A Crossroads , Rebecca Love Kourlis

Pepperdine Dispute Resolution Law Journal

I really do believe that, as your title suggests, the civil justice system is at a crossroads and that, as a result, we all have new opportunities and old responsibilities. Four years ago, concerns about skyrocketing costs, unprofessional gamesmanship, and long delays in civil litigation were the stuff of grousing and shoulder shrugs. We all had a level of fatalism or cynicism about our inability to change any of those factors. Now, that is not true. There is a window of opportunity that has opened-a convergence of various forces resulting in a willingness of decision-makers to consider change. As a …


The Disempowering Relationship Between Mediator Neutrality And Judicial Impartiality: Toward A New Mediation Ethic, Ronit Zamir Feb 2012

The Disempowering Relationship Between Mediator Neutrality And Judicial Impartiality: Toward A New Mediation Ethic, Ronit Zamir

Pepperdine Dispute Resolution Law Journal

The issue I shall discuss in this article is whether the concept of mediator neutrality advances the empowering and effective participation of parties from disadvantaged groups. Section II will deal with the relationship between the concept of neutrality in the adversarial legal process, in the mediation process, and the concept of procedural justice. I shall then present the meanings ascribed to the concept of mediator neutrality in the two prevailing models of mediation: the problem-solving model and the transformative model. The affinity between these meanings and the concept of judicial impartiality will be discussed and critiqued. Finally, I shall suggest …