by judy.pino@ncla.legal | Mar 4, 2020 | Blog
The Federal Communications Commission is proposing a new regulation to “promote more efficient resolution of hearings.” The Procedural Streamlining of Administrative Hearings Rule, as the FCC calls it, claims that none of its hearings require oral testimony....
by judy.pino@ncla.legal | Mar 19, 2020 | Blog
A lot of pages and energy have been spent outlining the many problems with formal, doctrinal judicial abdication like that set out by the Supreme Court in Chevron v. Natural Resources Defense Council and Auer v. Robbins. But other, more subtle judicial...
by judy.pino@ncla.legal | Mar 27, 2020 | Blog, Covid-19 Articles
Many of us have heard the adage that “hard cases make bad law,” but a more apt description might be “emergencies create worse law.” In an emergency, we often expect our government to do something to help us. Sometimes, though, that something is worse than the...
by judy.pino@ncla.legal | Apr 2, 2020 | Blog, Covid-19 Articles, Kara Rollins
The ongoing national emergency is still too new and too fluid for any of us to glean much beyond the obvious—wash your hands, stay inside, and practice kindness and grace toward others. But that has not stopped prognosticators from discussing what a...
by nclaadmin | Apr 19, 2019 | Blog
How the Administrative State Spawned the Granddaddy of All Patriotic Holidays Patriots Day—the granddaddy of all patriotic holidays—is today, April 19th . While it deserves national recognition, it is an official holiday in only four states. In Massachusetts, Patriots...
by nclaadmin | May 7, 2019 | Blog
Of all the many oddities and unfairness baked into administrative proceedings, the one most surprising to casual observers (read—my wife), is the fact that many administrative law judges (ALJs) are employed by the same agency prosecuting alleged violations of law in...
