A Full And Fair Hearing: The Role Of The Alj In Assisting The Pro Se Litigant,
2013
Pepperdine University
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,
2013
Pepperdine University
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,
2013
Pepperdine University
Materiality In Sarbanes-Oxley Act Employee Protection Claims, William Dorsey
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Legal Summaries,
2013
Pepperdine University
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,
2013
Pepperdine University
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,
2013
Pepperdine University
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,
2013
Pepperdine University
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 …
Refugee Roulette In An Administrative Law Context: The Deja Vu Of Decisional Disparities In Agency Adjudication,
2013
Pepperdine University
Refugee Roulette In An Administrative Law Context: The Deja Vu Of Decisional Disparities In Agency Adjudication, Margaret H. Taylor
Journal of the National Association of Administrative Law Judiciary
In Refugee Roulette: Disparities in Asylum Adjudication (the Asylum Study), Professors Ramji-Nogales, Schoenholtz, and Schrag provide a comprehensive analysis of new data to document decisional disparities that undermine the fairness of asylum adjudication. The Asylum Study is an empirical project of remarkable scope. It examines patterns of asylum decisions at four different adjudication levels: at the asylum office interview, in immigration court, on administrative appeal to the Board of Immigration Appeals (BIA), and on petition for review to the federal courts of appeals. At each level, the Asylum Study generates empirical findings to support what we knew mostly by anecdote …
Administrative Decision-Making By Judges In The United States' Environmental Protection Agency Administrator's Civil Penalty Assessment Process: Whatever Happened To The Law?,
2013
Pepperdine University
Administrative Decision-Making By Judges In The United States' Environmental Protection Agency Administrator's Civil Penalty Assessment Process: Whatever Happened To The Law?, Richard R. Wagner
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
How Administrative Law Halted The Death Penalty In Maryland ,
2013
Pepperdine University
How Administrative Law Halted The Death Penalty In Maryland , Arnold Rochvarg
Journal of the National Association of Administrative Law Judiciary
Numerous arguments have been raised to halt the death penalty, including constitutional claims such as ineffective assistance of counsel, equal protection, right to trial by jury, and cruel and unusual punishment. The winning argument, however, in Evans v. State, a Maryland death penalty appeal, was based not on constitutional or criminal law, but rather Administrative Law. A death row inmate attacked the validity of the procedures for administering lethal injection capital punishment because the Maryland Department of Corrections had not followed the proper statutory procedures for adopting the regulation which set forth the capital punishment process. In order for a …
Substantial Evidence Review In Social Security Cases As An Issue Of Fact,
2013
Pepperdine University
Substantial Evidence Review In Social Security Cases As An Issue Of Fact, Morton Denlow
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Due Process; A Detached Judge; And Enemy Combatants,
2013
Pepperdine University
Due Process; A Detached Judge; And Enemy Combatants, Julian Mann Iii
Journal of the National Association of Administrative Law Judiciary
In the landmark administrative law decision of Goldberg v. Kelly, Justice Brennan stated that an “impartial decision maker is essential” to procedural due process. As a corollary, in the more recent decision of Hamdi v. Rumsfeld, Justice O'Connor stated that “due process requires a neutral and a detached judge in the first instance.” Thus, the due process clauses of the Fifth and Fourteenth Amendments to the U.S. Constitution require that the essential element of neutrality remain an integral part of any administrative hearing. There can be no departure from this fundamental guarantee of constitutional due process for the administrative hearings …
Appeal No. 0846: Frederick Petroleum V. Division Of Oil & Gas Resources Management,
2013
Case Western Reserve University School of Law
Appeal No. 0846: Frederick Petroleum V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Chief's Order 2012-22
Legal Summaries,
2013
Pepperdine University
Legal Summaries, Oscar Gutierrez
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Trust Issues: Will President Barack Obama Reconcile The Tenuous Relationship Between Antitrust Enforcement Agencies?,
2013
Pepperdine University
Trust Issues: Will President Barack Obama Reconcile The Tenuous Relationship Between Antitrust Enforcement Agencies?, Kelly Everett
Journal of the National Association of Administrative Law Judiciary
Given the importance President Obama has placed on antitrust law, this comment will address the tenuous relationship between the FTC and the DOJ, and the likelihood the Obama Administration will reconcile it. This comment will first explore the development and purpose of antitrust law in the United States. Second, it will discuss why the FTC and DOJ have a contentious and ineffective relationship. Third, it will address the narrowing effect the Obama Administration is likely to have on antitrust enforcement, despite the downturned economy. Finally, this comment will summarize what circumstances created a climate of under-enforcement and uncertainty, and describe …
The Supreme Court's Bright Line Ruling In Riegel V. Medtronic, Inc. Gives Manufacturers Of Defective Medical Devices Broad Immunity,
2013
Pepperdine University
The Supreme Court's Bright Line Ruling In Riegel V. Medtronic, Inc. Gives Manufacturers Of Defective Medical Devices Broad Immunity, Sadaf Bathaee
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
"Yes, We Can" Grant Guantánamo Detainees Habeas Corpus Rights, In Boumediene V. Bush,
2013
Pepperdine University
"Yes, We Can" Grant Guantánamo Detainees Habeas Corpus Rights, In Boumediene V. Bush, Sarah Christian
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Administrative Hearing Opinion,
2013
Pepperdine University
Administrative Hearing Opinion, E. Barrett Prettyman
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Know Your Audience: How Nyc Tribunals Have Addressed Self-Represented Litigants And Increased Access To Justice,
2013
Pepperdine University
Know Your Audience: How Nyc Tribunals Have Addressed Self-Represented Litigants And Increased Access To Justice, Sherry M. Cohen, Joanna Weiss
Journal of the National Association of Administrative Law Judiciary
The first rule of communication is to know your audience. The “audience” at hearings in New York City (NYC) tribunals is mostly comprised of self-represented respondents with Limited English Proficiency. In order to provide full access to the hearing process, NYC tribunals must know and understand the needs of this audience of respondents. The challenge is not only to keep this audience engaged, but also to ensure that it can navigate and fully participate in the hearing process. Tribunals must communicate in a way that protects the respondents' rights and affords them an opportunity to be heard. NYC tribunals, especially …
The Times They Are A Changin': A New Jurisprudence For Social Security,
2013
Pepperdine University
The Times They Are A Changin': A New Jurisprudence For Social Security, Jeffrey S. Wolfe
Journal of the National Association of Administrative Law Judiciary
The Social Security Administration (SSA) is wading in waters knee deep and fast rising when it comes to what is described in repeated news stories as a rising tide of backlogged Social Security disability appeals. A change in the essential jurisprudence underlying hearings afforded to those appealing an administrative denial of Social Security disability benefits is necessary to remedy the single most pressing issue in the hearings and appeals process - the hue and cry over the pending backlog of such cases.
