Sentences with phrase «by administrative agencies»

Article III judges will acknowledge that it is simply not possible for their courts to handle the plethora of litigation and appeals generated by administrative agencies.

Under the public - rights doctrine, patent rights are governed by statute and subject to statutory schemes providing for regulation by an administrative agency.

The tort system would have been replaced by administrative agencies and the jury trial system would be reduced to arbitration, if there was any recovery at all.

As a result, any and all decision by administrative agencies will be litigated under de novo review in circuit court and again at the appeals court.

Federalism was strengthened by invalidation of the Violence Against Women Act, freedom of religion and choice in education were advanced by Mitchell v. Helms, freedom of association was protected in the Boy Scouts decision, parental rights won their most important victory in decades, and the limits on lawmaking by administrative agency were reaffirmed in the tobacco case.

If Ganim's request is rejected by the administrative agency, he would then have the standing to file a civil lawsuit in state Superior Court.

«I had hoped that our governor would join me in recognizing the need to guard against excessive accumulation of power by our administrative agencies,» Steck wrote.

A principal cause of over criminalization is the profligate extension of the criminal sanction to cover all rules lawfully promulgated by an administrative agency.

Or «No special deference shall be given to interpretation of statute by administrative agencies» (i.e., to curtail Chevron deference)?

Judicial decision - making provides five advantages not adequately provided by administrative agencies: (1) a clear and exact burden of proof; (2) an opportunity to rigorously test the evidence for accuracy, integrity, and persuasiveness; (3) a thorough debate as to the correct interpretation and application of the law for the issues and evidence involved; (4) a decision by a truly impartial and competent adjudicator; and, (5) the right to a jury trial, in situations allowed by law.

CB: Yes, the use of adverse publicity by administrative agencies and the possibility of inadvertent disclosure of personal information.

be answered by administrative agencies to which judges defer on the often fictitious ground that the agencies have «expertise,» even if their adjudicators are poorly trained, horribly overworked, highly politicized, or all these things at once.

Article 78 Proceeding: A Supreme Court case that can change an order made by an administrative agency, like NYCHA or Section 8.

And, do we want the administration of justice to become almost entirely administrated by administrative agencies, with the necessary judicial correcting and accountability function playing but a minor part?

While the doctrine of res judicata can apply to decisions by administrative agencies, the administrative proceeding must have given the parties an opportunity to present their case in the same way they could in court.

When people talk (casually) about «the law», that can refer to statutes enacted by Congress, regulations set forth by administrative agencies to articulate specifics of those statutes, and Supreme Court rulings as to what «the law» is or says.

Dr. Ronald Luke and his colleagues have been accepted as experts in federal and state courts and by administrative agencies.