Survey of non-ALJ hearing programs in the federal government

Article Abstract:

The Administrative Conference began a survey in 1989 to determine agency use of non-administrative law judge (ALJ) hearing officers. Eighty-three hearing types were analyzed, accounting for a workload of approximately 343,200 cases. The five agencies comprising about 91% of the caseload were the Executive Office of Immigration Review of the Department of Justice, Health and Human Services, the Department of Veterans' Affairs, the Coast Guard, and the Department of Agriculture. The immigration cases accounted for 44% of the total. The subject areas were mainly enforcement matters and entitlements.

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Negotiating for knowledge: administrative responses to congressional demands for information

Article Abstract:

Congressional requests for administrative agency information could be handled in a less confrontational manner by negotiation. Instead of negotiations occurring ad hoc as they currently do, Congress and the executive branch could have a written agreement to structure negotiations regarding intrabranch sharing of sensitive information. Analyses of this issue tend to argue that Congress' right to information varies with executive and independent agencies, but recent Supreme Court holdings show that the division of agencies into these two categories has no basis in the Constitution.

Analysis, Separation of powers, Government information

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Project: the role of preemption in administrative law

Article Abstract:

Congress should give more deference to federal agencies to decide whether state and local laws unduly restrain interstate commerce or are otherwise preempted by federal powers. This would decrease litigation, allow agencies charged with enforcing federal laws on a given subject to fully perform the duties delegated to them, and inspire greater cooperation between the federal and state governments to achieve consistent, yet effective policies. The treatment of state pesticide, water and electric generation, hazardous waste, railroad and workplace safety laws are surveyed.

Interstate commerce, Exclusive and concurrent legislative powers, Preemption (Legislative power)

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