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FedSoc Forums - Reforming Administrative Adjudication

Reforming Administrative Adjudication

FedSoc Forums

05/02/18 • 60 min

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Agencies formally adjudicate a massive number of federal cases with administrative law judges. This delegation of judicial power is justified by the alleged lack of time and expertise of federal courts as compared to agencies. In this essay, Professor Michael Rappaport argues that ALJs should be replaced with Article III administrative judges that have expertise in a subject (such as health, science, or economics) rather than one agency.
This teleforum will address numerous issues surrounding the proposed reform, including the practicality of adding so many Article III judges, the constitutional problems with the current system of formal agency adjudication, and the benefits of subject matter expertise.
Featuring:
Professor Michael B. Rappaport, Hugh and Hazel Darling Foundation Professor of Law; Director, Center for the Study of Constitutional Originalism, University of San Diego School of Law
Moderator: Professor Jennifer L. Mascott, Assistant Professor of Law, Antonin Scalia Law School
Teleforum calls are open to all dues paying members of the Federalist Society. To become a member, sign up here. As a member, you should receive email announcements of upcoming Teleforum calls which contain the conference call phone number. If you are not receiving those email announcements, please contact us at 202-822-8138.

05/02/18 • 60 min

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