The Administrative Judiciary: Alj's In Historical Perspective,
2013
Pepperdine University
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,
2013
Pepperdine University
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,
2013
Pepperdine University
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,
2013
Pepperdine University
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?,
2013
Pepperdine University
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",
2013
Pepperdine University
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,
2013
Pepperdine University
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,
2013
Pepperdine University
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,
2013
Pepperdine University
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,
2013
Pepperdine University
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,
2013
Pepperdine University
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,
2013
Pepperdine University
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?",
2013
Pepperdine University
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,
2013
Pepperdine University
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,
2013
Pepperdine University
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,
2013
Pepperdine University
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?,
2013
Pepperdine University
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 ,
2013
Pepperdine University
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,
2013
Pepperdine University
About Naalj, David J. Agatstein
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Book Reviews,
2013
Pepperdine University
Book Reviews, David J. Agatstein
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
