Hearsay in State Administrative Hearings

Hearsay in State Administrative Hearings
Author: Arnold Rochvarg
Publisher:
Total Pages: 50
Release: 2009
Genre:
ISBN:

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It is generally accepted that the rules of evidence governing the admissibility of evidence in a trial are not applicable to administrative proceedings. However, there are numerous inconsistent court opinions on the proper role of hearsay in administrative decisions. This article offers an analytic framework to provide predictable guidance to the administrative agencies, the courts , and litigants on the issue of the proper use of hearsay in administrative adjudications. The first factor to be considered is the nature of the claim or issue involved. Next, the agency should consider the nature of the evidence presented. The third factor to be taken into account is the identity of the absent declarant. Under the fourth factor , the availability of the absent declarant and the usefulness of cross-examination should be considered. The final factor to be considered in the proposed framework is the nature of the agency and its adjudicative hearings.It is also proposed that procedural safeguards be implemented to protect a party's right to test the reliability of hearsay evidence. One suggestion is a system of prior notice in which the party intending to offer hearsay be required to provide notice before the hearing. Also, if an agency's decision does rely on hearsay, the losing party should have the right to request that the record be re-opened and given the opportunity to subpoena and cross-examine the adverse hearsay witnesses.Implementation of these proposals should be adopted as administrative procedural regulations. State administrative agencies should be permitted to rely on hearsay in their decisions. The proposed analytic framework will allow for these adjudicatory proceedings to remain efficient, and help provide improved judicial review.

Model Rules of Professional Conduct

Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Total Pages: 216
Release: 2007
Genre: Law
ISBN: 9781590318737

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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Principles and Practice of Maryland Administrative Law

Principles and Practice of Maryland Administrative Law
Author: Arnold Rochvarg
Publisher:
Total Pages: 0
Release: 2011
Genre: Administrative law
ISBN: 9781611630558

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This book is now available in a paperback version (printed 2017). For over a decade, Maryland judges and attorneys have relied upon and cited Professor Arnold Rochvarg's previous books and journal articles to understand and decide Maryland Administrative Law cases. Rochvarg's new book, Principles and Practice of Maryland Administrative Law is the essential source required for all attorneys in Maryland who represent clients at the Office of Administrative Hearings and in cases in the courts involving Administrative Law. The book explains and analyzes all the relevant law necessary to represent clients in the myriad of matters that are governed by principles of Administrative Law. This law and the governing procedures are much different than those followed in civil and criminal court cases. The Appendices set forth the needed primary sources including the new procedural rules of the Office of Administrative Hearings. No lawyer practicing in Maryland can afford to practice in Maryland without having a copy of this book. In addition, because the Maryland central panel approach has been adopted by over half the states and the District of Columbia, this book is a useful tool for lawyers outside of Maryland. This treatise discusses in detail the administrative process at the state and county levels in Maryland. It includes discussion of topics such as rulemaking, contested cases, judicial review, and separation of powers. Most significantly, it includes a detailed discussion of the central panel approach followed by Maryland's Office of Administrative Hearings which is a model for central panels across the country. Because Maryland cases have been influential in other states, this book is valuable in states with central panels. For example, Maryland's highest court's opinion halting the death penalty because of a Maryland agency's failure to adopt proper regulations to administer the lethal injection was followed in Kentucky. This treatise is written by a law professor with thirty years of experience teaching Federal Administrative Law and State Administrative Law courses. Principles and Practice of Maryland Administrative Law is one of a handful of books which focus on the state administrative process and will be very helpful to understanding state administrative law across the country.

United States Attorneys' Manual

United States Attorneys' Manual
Author: United States. Department of Justice
Publisher:
Total Pages:
Release: 1988
Genre: Justice, Administration of
ISBN:

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Confirmation Hearings on Federal Appointments

Confirmation Hearings on Federal Appointments
Author: United States. Congress. Senate. Committee on the Judiciary
Publisher:
Total Pages: 922
Release: 2011
Genre: Judges
ISBN:

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Brown v. Board of Education

Brown v. Board of Education
Author: James T. Patterson
Publisher: Oxford University Press
Total Pages: 318
Release: 2001-03-01
Genre: History
ISBN: 0199880840

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2004 marks the fiftieth anniversary of the Supreme Court's unanimous decision to end segregation in public schools. Many people were elated when Supreme Court Chief Justice Earl Warren delivered Brown v. Board of Education of Topeka in May 1954, the ruling that struck down state-sponsored racial segregation in America's public schools. Thurgood Marshall, chief attorney for the black families that launched the litigation, exclaimed later, "I was so happy, I was numb." The novelist Ralph Ellison wrote, "another battle of the Civil War has been won. The rest is up to us and I'm very glad. What a wonderful world of possibilities are unfolded for the children!" Here, in a concise, moving narrative, Bancroft Prize-winning historian James T. Patterson takes readers through the dramatic case and its fifty-year aftermath. A wide range of characters animates the story, from the little-known African Americans who dared to challenge Jim Crow with lawsuits (at great personal cost); to Thurgood Marshall, who later became a Justice himself; to Earl Warren, who shepherded a fractured Court to a unanimous decision. Others include segregationist politicians like Governor Orval Faubus of Arkansas; Presidents Eisenhower, Johnson, and Nixon; and controversial Supreme Court justices such as William Rehnquist and Clarence Thomas. Most Americans still see Brown as a triumph--but was it? Patterson shrewdly explores the provocative questions that still swirl around the case. Could the Court--or President Eisenhower--have done more to ensure compliance with Brown? Did the decision touch off the modern civil rights movement? How useful are court-ordered busing and affirmative action against racial segregation? To what extent has racial mixing affected the academic achievement of black children? Where indeed do we go from here to realize the expectations of Marshall, Ellison, and others in 1954?

Maryland Evidence Courtroom Manual

Maryland Evidence Courtroom Manual
Author: Andrew D. Levy
Publisher:
Total Pages:
Release: 2012
Genre: Evidence (Law)
ISBN: 9780327182115

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