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The Adversarial Process of Administrative Claims
- Source :
- Administration & Society. 49:257-274
- Publication Year :
- 2016
- Publisher :
- SAGE Publications, 2016.
-
Abstract
- Although administrative hearings are not formal litigation, the process often resembles traditional adversarial adjudication. There are two parties, one has the burden of proof, both present evidence, and there is a ruling on the legal merits. Substantively, the hearing focuses on eligibility for benefits. Procedurally, the hearing runs like traditional courtroom litigation. Based on direct observation of 45 unemployment insurance claims and interviews with administrative law judges (ALJs), I find ALJs behave differently when there is no legal counsel present. Whereas the law that governs the hearing remains the same, the process for pro se claimants is substantively different.
- Subjects :
- Marketing
Public Administration
Sociology and Political Science
Process (engineering)
media_common.quotation_subject
Administrative law
05 social sciences
Discretion
Economic Justice
0506 political science
Adversarial system
Law
0502 economics and business
Unemployment
050602 political science & public administration
Adversarial process
Business
050207 economics
media_common
Adjudication
Subjects
Details
- ISSN :
- 15523039 and 00953997
- Volume :
- 49
- Database :
- OpenAIRE
- Journal :
- Administration & Society
- Accession number :
- edsair.doi...........eacf074cd09a1bc11b6e8b5788df3d15