Appeal No. 0837: Donald & Paula Wayt V. Division Of Oil & Gas Resources Management And Ohio Valley Energy Systems,
2013
Case Western Reserve University School of Law
Appeal No. 0837: Donald & Paula Wayt V. Division Of Oil & Gas Resources Management And Ohio Valley Energy Systems, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Permit Issuance; Ohio Valley Energy Systems; Grindley #1 Well
Critical Tax Policy: A Pathway To Reform?,
2013
Temple University School of Law
Critical Tax Policy: A Pathway To Reform?, Nancy J. Knauer
Nancy J. Knauer
The Global Recession of 2008 and ensuing austerity measures have renewed the urgency surrounding the call for fundamental tax reform. Before embarking on fundamental tax reform, this Article proposes adding a critical lens to existing US tax policy to ensure that any proposals for change are informed, transparent, and responsive to the needs (and abilities) of individual taxpayers. This Article makes the case for a specific method of inquiry – Critical Tax Policy – that is built on the articulation of difference rather than false assumptions of sameness. Critical Tax Policy incorporates the insights of a growing international tax equity …
A Textualist Approach To Purposivism In The Regulatory Arena,
2013
University of Idaho College of Law
A Textualist Approach To Purposivism In The Regulatory Arena, Linda Jellum
Articles
No abstract provided.
Nuevo Sistema De Amparo,
2013
Universidad Iberoamericana - Mexico
Nuevo Sistema De Amparo, Alejandro Faya Rodriguez
Alejandro Faya Rodriguez
No abstract provided.
Legal Summaries,
2013
Pepperdine University
Legal Summaries, Kim Ly
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Finding A Compromise: The Struggle Between Federal Regulation And State Sovereignty - Analyzing The Effects Of Mid-Con Freight Systems, Inc. V. Michigan Public Service Commission ,
2013
Pepperdine University
Finding A Compromise: The Struggle Between Federal Regulation And State Sovereignty - Analyzing The Effects Of Mid-Con Freight Systems, Inc. V. Michigan Public Service Commission , Sindy Lie
Journal of the National Association of Administrative Law Judiciary
This case note will explore the U.S. Supreme Court's ruling in Mid-Con Freight Systems, Inc. v. Michigan Public Service Commission. Part II will outline the historical background of the law at hand. Part III will lay out the essential facts of the case. Part IV will analyze and critique the majority and dissenting opinions. Part V will discuss the legal, administrative, and societal impact of the holding. Finally, Part VI will conclude the case note.
Social Welfare Reform: An Analysis Of Germany's Agenda 2010 Labor Market Reforms And The United States' Personal Responsibility And Work Opportunity Reconciliation Act (Prwora) Of 1996 ,
2013
Pepperdine University
Social Welfare Reform: An Analysis Of Germany's Agenda 2010 Labor Market Reforms And The United States' Personal Responsibility And Work Opportunity Reconciliation Act (Prwora) Of 1996 , Jennifer Allison
Journal of the National Association of Administrative Law Judiciary
This comment presents a historical view of the social welfare systems in the United States and Germany. It then explains and analyzes recent large-scale reforms made to each country's social welfare system - the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996 in the United States, which profoundly impacted the availability of welfare benefits to poor Americans, and Germany's Agenda 2013 campaign, which reformed Germany's system of providing benefits to the long-term unemployed.
When Administrative Law Judges Rule The World: Wooley V. State Farm - Does A Denial Of Agency-Initiated Judicial Review Of Alj Final Orders Violate The Constitutional Doctrine Of Separation Of Powers?,
2013
Pepperdine University
When Administrative Law Judges Rule The World: Wooley V. State Farm - Does A Denial Of Agency-Initiated Judicial Review Of Alj Final Orders Violate The Constitutional Doctrine Of Separation Of Powers?, April Rolen-Ogden
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Dangers Of Daubert Creep In The Regulatory Realm,
2013
Pepperdine University
The Dangers Of Daubert Creep In The Regulatory Realm, Claire R. Kelly
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Deportation And The War On Independence ,
2013
Pepperdine University
Deportation And The War On Independence , Stephen H. Legomsky
Journal of the National Association of Administrative Law Judiciary
Judicial independence, despite its long history and cherished place in American jurisprudence, has periodically been attacked by those who disagree with particular outcomes. In recent years, Congress and the executive branch have mounted a sustained assault on decisional independence in the adjudication of deportation (now called “removal”) cases. Various actions taken by Attorney General Ashcroft in 2002 and 2003 and still in place today have left both immigration judges and the members of the Board of Immigration Appeals without any meaningful decisional independence. Meanwhile, in 1996 and again in 2005, Congress imposed severe limitations on judicial review of administrative orders …
Security In Administrative Hearings,
2013
Pepperdine University
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,
2013
Pepperdine University
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 ,
2013
Pepperdine University
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 ,
2013
Pepperdine University
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 ,
2013
Pepperdine University
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 ,
2013
Pepperdine University
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,
2013
Pepperdine University
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?,
2013
Pepperdine University
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,
2013
Pepperdine University
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,
2013
Pepperdine University
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.
