Showcase Panel I: Administrative Agencies and the Federal Judiciary

Published: Nov. 17, 2017, 9:40 p.m.

b'Statutory administrative law judges (ALJ) located within each agency adjudicate administrative law cases brought by agency enforcement personnel, located in the same building as the judges. These judges do not enjoy tenure during good behavior or an irreducible salary. Their rulings are often appealable only to the administrative agency itself and only later to an Article III Court, and then only on a very deferential standard of judicial review. Civil jury trial is not currently available in administrative law judicial proceedings and the rules of evidence and the burden of proof arguably operate in a manner that favors the agency. This panel will assess the constitutionality of current law and ask whether Congress ought to change the law and, if so, how. Should ALJs have life tenure? Should they be housed separately from their agency?

Prof. Steven G. Calabresi, Clayton J. and Henry R. Barber Professor of Law, Northwestern Pritzker School of Law
Prof. Linda D. Jellum, Ellison C. Palmer Professor of Tax Law, Mercer University School of Law
Prof. Jennifer L. Mascott, Assistant Professor of Law, Antonin Scalia Law School, George Mason University
Prof. Gillian Metzger, Stanley H. Fuld Professor of Law, Columbia Law School
Moderator: Hon. Edith Jones, United States Court of Appeals, Fifth Circuit'