There But For The Grace Of God Go I: The Right Of Cross-Examination In Social Security Disability Hearings ,
2013
Pepperdine University
There But For The Grace Of God Go I: The Right Of Cross-Examination In Social Security Disability Hearings , Bradley S. Dixon
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Accountability In The Administrative Law Judiciary: The Right And The Wrong Kind,
2013
Pepperdine University
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,
2013
Pepperdine University
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.
Hearing On Regulating The Regulators - Reducing Burdens On Small Business,
2013
University of Maryland Francis King Carey School of Law
Hearing On Regulating The Regulators - Reducing Burdens On Small Business, Rena I. Steinzor
Congressional Testimony
No abstract provided.
Legal Summaries,
2013
Pepperdine University
Legal Summaries, Daniel Lamb
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Summary Of Administrative Law Judge Responsibilities,
2013
Pepperdine University
Summary Of Administrative Law Judge Responsibilities, Daniel F. Solomon
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Rhetorical Judgments: Using Holistic Assessment To Improve The Quality Of Administrative Decisions,
2013
Pepperdine University
Rhetorical Judgments: Using Holistic Assessment To Improve The Quality Of Administrative Decisions, Roger J. Klurfeld, Steven Placek
Journal of the National Association of Administrative Law Judiciary
Federal, state, and local governments issue hundreds of thousands of administrative decisions annually. Considering the number of encounters the public has with administrative appeal agencies, administrative decisions may be the largest category of legal writing and reading interaction the public has with the legal system. Many of these agencies have identified writing quality - however they define it - as a priority in their strategic plans, but the overwhelming number of hearings and decisions, coupled with regulatory guidelines for timeliness, may subordinate this goal to other management priorities. Improving the quality of administrative decisions at these agencies presents a practical …
Chasing The Atticus Code - Preserving Adjudication Integrity In Local Administrative Hearings ,
2013
Pepperdine University
Chasing The Atticus Code - Preserving Adjudication Integrity In Local Administrative Hearings , Michael N. Widener
Journal of the National Association of Administrative Law Judiciary
In the United States administrative law realm, there purportedly exist more than 19 thousand municipal governments, 16 thousand town or township governments; three thousand county governments, 13 thousand school districts and 35 thousand special district governments. This essay argues that these local adjudicative loci largely neglect the ethical guidance or direction of lawyers serving in government-official capacities without holding elected nor judicial positions. I dub these decision-makers “Atticus.” Citizens support the notion of external codes of professional responsibility for such persons not necessarily because they believe that “lawyering rules” are well constructed or property enforced, but because they doubt lawyers …
Legal Summaries,
2013
Pepperdine University
Legal Summaries, Daniel Shank
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Regulating Violence In Video Games: Virtually Everything,
2013
Pepperdine University
Regulating Violence In Video Games: Virtually Everything, Alan Wilcox
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
A Specter Is Haunting The Financial Industry - The Specter Of The Global Financial Crisis: A Comment On The Imminent Expansion Of Consumer Financial Protection In The United States, The United Kingdom, And The European Union,
2013
Pepperdine University
A Specter Is Haunting The Financial Industry - The Specter Of The Global Financial Crisis: A Comment On The Imminent Expansion Of Consumer Financial Protection In The United States, The United Kingdom, And The European Union, Daniel Lamb
Journal of the National Association of Administrative Law Judiciary
This Comment explores the regulatory fallout from the global financial crisis. Across borders, policy makers are united in their conviction to reconcile the perceived failures of their predecessors to foresee and prevent the crisis, the effects of which show no signs of abating. A critical component of what caused the crisis was the inability to correct failures in the consumer credit market, specifically in subprime mortgages. Exacerbated by an influx of capital and a generally weak regulatory environment, this market failure manifested itself forcefully through a tidal wave of defaults in the American mortgage market that sent shock waves around …
Closing An Administrative Loophole: Ethics For The Administrative Judiciary,
2013
Pepperdine University
Closing An Administrative Loophole: Ethics For The Administrative Judiciary, Diana Gillis
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Murky Immigration Law And The Challenges Facing Immigration Removal And Benefits Adjudication,
2013
Pepperdine University
Murky Immigration Law And The Challenges Facing Immigration Removal And Benefits Adjudication, Jill E. Family
Journal of the National Association of Administrative Law Judiciary
Immigration adjudication is more diverse than it may seem. Scholars tend to focus on one aspect of administrative immigration adjudication, the decision-making process established to determine whether an individual may be removed (deported) from the United States. But there is a whole other function of administrative immigration adjudication that relatively is ignored in the legal literature. Immigration adjudicators are also tasked with determining whether to grant immigration benefits, such as whether to grant lawful permanent resident (green card) status. Both types of administrative immigration adjudication, removal and benefits, are in crisis. This article explores the challenges facing each and argues …
The Remedial Authority Of Hearing And Review Officers Under The Individuals With Disabilities Education Act: An Update,
2013
Lehigh University
The Remedial Authority Of Hearing And Review Officers Under The Individuals With Disabilities Education Act: An Update, Perry A. Zirkel
Journal of the National Association of Administrative Law Judiciary
This article provides an update of a comprehensive review that was published five years ago, which synthesized the various sources of law specific to the remedial authority of hearing/review officers (H/ROs) under the Individuals with Disabilities Education Act (IDEA).
The Doj Gives States A Gift,
2013
University of Nevada, Las Vegas -- William S. Boyd School of Law
The Doj Gives States A Gift, I. Nelson Rose
UNLV Gaming Law Journal
No abstract provided.
Jeffrey A. Silver: The Man Who Exiled Frank "Lefty" Rosenthal From Nevada Gaming,
2013
University of Nevada, Las Vegas -- William S. Boyd School of Law
Jeffrey A. Silver: The Man Who Exiled Frank "Lefty" Rosenthal From Nevada Gaming, Kirk D. Homeyer
UNLV Gaming Law Journal
No abstract provided.
Should Casinos Exist As Monopolies Or Should Casinos Be In Open Markets?,
2013
University of Nevada, Las Vegas -- William S. Boyd School of Law
Should Casinos Exist As Monopolies Or Should Casinos Be In Open Markets?, William N. Thompson, Catherine Prentice
UNLV Gaming Law Journal
No abstract provided.
Indecency Sells. . . But It Comes At An Unfortunate Price: A Look At Whether Gaming Authorities Can Regulate Advertising,
2013
University of Nevada, Las Vegas -- William S. Boyd School of Law
Indecency Sells. . . But It Comes At An Unfortunate Price: A Look At Whether Gaming Authorities Can Regulate Advertising, Jonathan Peck
UNLV Gaming Law Journal
No abstract provided.
Resolving The Alj Quandary,
2013
University of Georgia School of Law
Resolving The Alj Quandary, Kent H. Barnett
Scholarly Works
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 …
The California Youth Authority: Planning For A Better Tomorrow,
2013
Pepperdine University
The California Youth Authority: Planning For A Better Tomorrow, Pearl S. West
Pepperdine Law Review
No abstract provided.
