Note: Flatford V. Chater: No Absolute Due Process Right To Subpoena A Physician Providing Post-Hearing Evidence At A Social Security Disability Hearing,
2013
Pepperdine University
Note: Flatford V. Chater: No Absolute Due Process Right To Subpoena A Physician Providing Post-Hearing Evidence At A Social Security Disability Hearing, James L. Hoyle
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Note: Bush V. Shalala And Pratts V. Chater: Social Security Disability Ping Pong And Contrasting Approaches In The Second Circuit: The Central Role Of An Active Alj,
2013
Pepperdine University
Note: Bush V. Shalala And Pratts V. Chater: Social Security Disability Ping Pong And Contrasting Approaches In The Second Circuit: The Central Role Of An Active Alj, Jorge J. Vera Jr.
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Beyond The Threshold: Wincing At Social Security's Process Of Evaluating Pain ,
2013
Pepperdine University
Beyond The Threshold: Wincing At Social Security's Process Of Evaluating Pain , David J. Agatstein
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Alcoholism As A Disability Under The Social Security Act - An Analysis Of The History, And Proposals For Change,
2013
Pepperdine University
Alcoholism As A Disability Under The Social Security Act - An Analysis Of The History, And Proposals For Change, Joyce Krutick Barlow
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Vocational Testimony In Social Security Hearings,
2013
Pepperdine University
Vocational Testimony In Social Security Hearings, Daniel F. Solomon
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
A Reflection On The Future Of Administrative Adjudication As Seen From An Examination Of The Status Of Social Security Disability Adjudications,
2013
Pepperdine University
A Reflection On The Future Of Administrative Adjudication As Seen From An Examination Of The Status Of Social Security Disability Adjudications, Delois Toins Leapheart
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.
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 …
A Specialized Court For Social Security? A Critique Of Recent Proposals,
2013
Pepperdine University
A Specialized Court For Social Security? A Critique Of Recent Proposals, Robert E. Rains
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Aids, Employment And The Law,
2013
Pepperdine University
Aids, Employment And The Law, American Bar Association; Aids Coordinating Committee
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Legal Implications Of Substance Abuse Testing In The Workplace,
2013
Pepperdine University
Legal Implications Of Substance Abuse Testing In The Workplace, Michael S. Cecere, Phillip B. Rosen
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Was The Third Circuit Off Base In Failing To Accord Chevron Deference To Social Security Administration's Interpretation Of The Statute's Definition Of Disability?,
2013
Pepperdine University
Was The Third Circuit Off Base In Failing To Accord Chevron Deference To Social Security Administration's Interpretation Of The Statute's Definition Of Disability?, Victor G. Rosenblum
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Paternalistic Discrimination: The Chevron Deference Misplaced In Chevron U.S.A., Inc. V. Echazabal,
2013
Pepperdine University
Paternalistic Discrimination: The Chevron Deference Misplaced In Chevron U.S.A., Inc. V. Echazabal, Tricia M. Patterson
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Procedures And Remedies Under Section 504 And The Ada For Public School Children With Disabilities,
2013
Pepperdine University
Procedures And Remedies Under Section 504 And The Ada For Public School Children With Disabilities, Mark C. Weber
Journal of the National Association of Administrative Law Judiciary
Much has been written about procedures and remedies under the Individuals with Disabilities Education Act, but few scholars have explored procedural rights and corresponding mechanisms of administrative and judicial relief for victims of public schools' violations of children's rights under section 504 of the Rehabilitation Act of 1973 and title II of the Americans with Disabilities Act. This paper will discuss the administrative procedures that must be followed in hearings regarding complaints of violations of those laws by public school districts and the relief that hearing officers and courts may provide. It will begin with an update on developments regarding …
The Helter Skelter World Of Idea Eligibility For Specific Learning Disability: The Clash Of Response-To-Intervention And Child Find Requirements,
2013
Pepperdine University
The Helter Skelter World Of Idea Eligibility For Specific Learning Disability: The Clash Of Response-To-Intervention And Child Find Requirements, Torin D. Togut, Jennifer E. Nix
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
It's Time For An Alternative Dispute Resolution Procedure,
2013
Pepperdine University
It's Time For An Alternative Dispute Resolution Procedure, S. James Rosenfeld
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Disabled Students' Rights Of Access To Charter Schools Under The Idea, Section 504 And The Ada,
2013
Pepperdine University
Disabled Students' Rights Of Access To Charter Schools Under The Idea, Section 504 And The Ada, Robert A. Garda Jr.
Journal of the National Association of Administrative Law Judiciary
Charter schools are under increasing attack for denying admission to disabled students. But traditional schools also turn away disabled students, often preventing them from attending schools in their neighborhood or within their district. This Article discusses when a school is permitted under federal disability law to deny admission to a disabled student. After nearly four decades of special education jurisprudence and regulatory guidance, the circumstances under which a student with a disability may be denied admission to a particular school are still remarkably unclear. This Article first discusses the ‘zero-reject‘ principle underlying the Individuals with Disabilities Education Act and concludes …
California Hearing Officer Decisions,
2013
Pepperdine University
California Hearing Officer Decisions, Ruth Colker
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
School Districts And Families Under The Idea: Collaborative In Theory, Adversarial In Fact,
2013
Pepperdine University
School Districts And Families Under The Idea: Collaborative In Theory, Adversarial In Fact, Debra Chopp
Journal of the National Association of Administrative Law Judiciary
This article highlights the myriad forces that impede the realization of the IDEA's goals. Part II gives an overview of the history of special education and the special education process under the IDEA, particularly as it relates to the cooperative development of an individualized education program (IEP) for a disabled child. Part III examines features of the special education process that operate to the systematic detriment of parents, particularly low-income parents, and prevent them from securing an “appropriate education” for their children. What Part III does is assemble these critiques and add one that has not received attention: the ability …
Tobacco Abuse And Disability Benefits: Response To The 2003 Meisburg Analysis,
2013
Pepperdine University
Tobacco Abuse And Disability Benefits: Response To The 2003 Meisburg Analysis, Kathryn A. Kroggel
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
