If anything, this is even more common in the
area of administrative law, where the judge is likely to be a subject area specialist, than in ordinary civil litigation.
It explores the practice
of administrative law in the courts and before tribunals, and provides tips and strategies to employ when dealing with administrative law matters.
I would suggest that it is also important to focus on the other
aspects of administrative law, given that the vast majority of administrative decisions never go on to judicial review.
65 % of general litigation lawyers, 77 %
of administrative law practitioners and 63 % of labour and human rights law practitioners reported some type and quantity of abuse, threats or violence.
Kathleen serves as vice-chair of the Consumer Product Regulation Committee of the American Bar Association
Section of Administrative Law and Regulatory Practice.
Pinto, a partner with Pinto Wray James LLP, currently practises human rights law and is a past chairman and executive
member of the administrative law section of the Ontario Bar Association.
The
Association of Administrative Law Judges brought a suit contending that their caseload — which is now around 500 - 700 cases a year — was so high that it was infringing on their right to decisional independence.
Dean R Knight is a Senior Lecturer at the School of Law, Victoria University of Wellington Dunsmuir has exhilarated and puzzled Canadian audiences
of administrative law for a decade now; and, before Dunsmuir, the enigmatic pragmatic and functional framework excited and frustrated the same audience.
He was Chair of the National Conference
of the Administrative Law Judiciary (NCALJ), American Bar Association (ABA), 2000/2001, and he was Chair of the Council of the Government and Public Sector Lawyers» Division of the AB, 2012/2013.
Military judges often choose to serve as members
of an administrative law judiciary, where they are able to continue their service and use their highly honed judicial skills through a government organization.
In light of this laughable - if - not - true situation, Justice Stratas decries the lack of academic and judicial engagement with the fundamental
tenets of administrative law doctrine.
General principles are canvassed below, but, of course, the old caveat rings particularly true in the
context of administrative law: the outcome depends on the particular facts of the case.
Representing clients in judicial review and appeal proceedings before the provincial and federal courts and the Supreme Court of Canada is another significant aspect
of our administrative law practice.
While principles
of administrative law continue to evolve — perhaps more in this last decade than in previous years — much of the developing law of professional regulation involves basic principles being used to flesh - out new, or at least previous - unexplored, situations.
The article examined the decision in Bandimere v. SEC which held that the SEC's
use of administrative law judges violates the appointments clause of the Constitution.
They must also have an accurate understanding
of the administrative laws so that they can preside over hearings with authority and understanding.
Meanwhile, loose - leaf services, though informative as to particular cases, might tend to «encourage us to think
of administrative law as a bunch of particular rules that govern particular topics», (6) without thinking about underlying concepts and their inter-relationships.
In addition to electoral reform, the Joint Commission proposed to reform both Houses of Parliament; a decentralisation to include regional devolution; a Bill of Rights;
reforms of administrative law; and much greater freedom of information.
Justice Scalia wrote the majority opinion, which hinged on an
interpretation of administrative law requirements and did not overturn EPA's ability to regulate hazardous air pollutants from power plants.
After all, Justice Abella (who often writes opinions on the
subject of administrative law) recently referred the standard of review debate as a mere «pillowfight.»
The Supreme Court of Canada has been feverishly productive in the field
of administrative law since the Fall of 2011, rendering decisions on standard of review (questions of law, jurisdictional error and labour arbitrators), the right to reasons, issue estoppel, attempts to pre-empt the administrative decision - making process, and review of municipal by - laws.
«While I had a
lot of administrative law experience, and access to information and protection of privacy down cold, I had not done a lot of corporate commercial work,» he says.