Delegation of Adjudicatory Power to Agencies This mirrors some of the issues raised by the delegation of rulemaking powers Can Congress delegate the right to decide individual disputes to agencies? This is not a critical issue for this course Article III Judges Protections Lifetime tenure Cannot reduce salary
Cannot fire, only impeach Cannot discipline Why do we have these protections? How are ALJs different? Civil service protections Can be fired Can have salary lowered, but hard to do this Can set work standards and discipline How are the pressures different than those on an Article III judge?
Adjudication of Public Rights Public rights have an evolving definition One definition is that these are rights created by congress, such as the right to government land or welfare benefits One set of cases indicates that since Congress creates these rights, they can set how they are awarded
Congress can set up compensation that is not related to real facts Remember this later when we see the "bitter with the sweet" doctrine Can an Agency Adjudicate Private Claims? The United States Supreme Court invalidated a law letting bankruptcy judges decide contract issues in 1982 because it was not reviewable by an Art. III judge This was a narrow plurality decision driven by the broad powers of bankruptcy courts
It has been implicitly limited by later cases Commodity Futures Trading Commission v. Schor CFTC can adjudicate disputes between clients and brokers, and award damages Can also adjudicate counterclaims because otherwise everything would go do court Does Adjudication of Private Claims Violate Separation of Powers?
A key question becomes the appeal rights to the courts Orders must be enforced by the courts, so they can be reviewed Decisions are subject to judicial review We will see this in the judicial review section as a debate over the proper record for review Right to Jury Trial
There is a right to a jury trial for certain federal civil matters that were part of the common law when the Constitution was adopted The courts have construed these rights narrowly, limiting them to their historical antecedents, such as maritime cases Many states do not allow adjudication of private disputes under state constitutional open courts provisions
LA had to have a constitutional amendment to allow worker's compensation Limitations on Adjudication An agency cannot imprison someone as a punishment Under federal and some state laws, a person can be imprisoned for violating an agency regulation Must get a criminal trial Regulation must pass the vagueness test
State v. Broom, 439 So.2d 357 (La. 1983) Defendant was prosecuted for violating the Louisiana Explosives Code Challenged on void for vagueness and on nondelegation theories
On first review, the LA SC rejected the challenges and found that he could be prosecuted for violating an agency regulations On rehearing, the Court found that prosecuting on an agency rule violated separation of powers
Ethical Issues Sameer Sarkar Judy Illes K.W.M. Fulford Peter Bartlett Remi Quirion J.C. Hughes Cheryl Forchuk Wendy Austin Tuviah Zabow Bill Mussell Jocelyn Hattab Michael Clinton Paul Appelbaum David N. Weisstub Emilio Mordini Stephen Green Sydney Bloch Piers Allott Godfrey...
What was eugenics and why was it taught in schools? Page 53 What races did the Nazis consider as inferior and therefore likely to corrupt Aryan Blood? Explain the main features of the three stages of Jewish Persecution pages 54/55...
Emotions consists of 2 factors: physical arousal and cognitive appraisal. Physical arousal fuels emotion; cognition channels it. It seems that all of these theories have their place, all with strengths and weaknesses. As humans we have a variety of emotional...
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Century Gothic MS Pゴシック Arial Book Antiqua Calibri Apothecary 1_Apothecary 2_Apothecary 3_Apothecary 4_Apothecary 5_Apothecary 6_Apothecary Semi-Structured data (XML Data MODEL) What we covered so far…
rediscovers old statistical and econometric methods. but making them blindingly fast and practicable. This is not damning with faint praise. Many of the tools used today have been enabled purely by computers. Bootstrap (1984) resampling. SAS (1966, but really 1976)...
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PRESSURE. Pressure is defined as a normal force exerted by a fluid per unit area.. Units of pressure are N/m2, which is called a . pascal (Pa). Since the unit Pa is too small for pressures encountered in practice,
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