Authority and Review of Federal ALJs
The United States Supreme Court has recognized that the role of a federal administrative law judge is "functionally comparable" to that of an Article III judge. An ALJ's powers are often, if not generally, comparable to those of a trial judge: The ALJ may issue subpoenas, rule on proffers of evidence, regulate the course of the hearing, and make or recommend decisions. The process of agency adjudication is currently structured so as to assure that the ALJ exercises his or her independent judgment on the evidence before them, free from pressures by the parties or other officials within the agency.
The procedure for reviewing an ALJ's decision varies depending upon the agency. Agencies generally have an internal appellate body, with some agencies having a Cabinet secretary decide the final internal appeals. Moreover, after the internal agency appeals have been exhausted, a party may have the right to file an appeal in the state or federal courts. Relevant statutes usually require a party to exhaust all administrative appeals before they are allowed to sue an agency in court.
Read more about this topic: Administrative Law Judge
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“The most absurd apology for authority and law is that they serve to diminish crime. Aside from the fact that the State is itself the greatest criminal, breaking every written and natural law, stealing in the form of taxes, killing in the form of war and capital punishment, it has come to an absolute standstill in coping with crime. It has failed utterly to destroy or even minimize the horrible scourge of its own creation.”
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“In colonial America, the father was the primary parent. . . . Over the past two hundred years, each generation of fathers has had less authority than the last. . . . Masculinity ceased to be defined in terms of domestic involvement, skills at fathering and husbanding, but began to be defined in terms of making money. Men had to leave home to work. They stopped doing all the things they used to do.”
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“Americans have internalized the value that mothers of young children should be mothers first and foremost, and not paid workers. The result is that a substantial amount of confusion, ambivalence, guilt, and anxiety is experienced by working mothers. Our cultural expectations of mother and realities of female participation in the labor force are directly contradictory.”
—Ruth E. Zambrana, U.S. researcher, M. Hurst, and R.L. Hite. The Working Mother in Contemporary Perspectives: A Review of Literature, Pediatrics (December 1979)
“Daniel as a lad bought a handkerchief on which the Federal Constitution was printed; it is said that at intervals while working in the meadows around this house, he would retire to the shade of the elms and study the Constitution from his handkerchief.”
—For the State of New Hampshire, U.S. public relief program (1935-1943)