Evidentiary Adjudication & Enforcement

Sources: •Lubbers, Jeffrey. 1994. Management of Federal Agency Adjudication. In David Rosenbloom and Richard Schwartz, eds. Handbook of Administration and Law. (New York: Marcel Dekker), pp. 287-323. – The entire book is good, however, books from the publisher Marcel Dekker are very expensive

•U.S. Supreme Court case Heckler V. Campbell.

Answer the following questions.

1. Poor Performers
A common assumption or perception of the American public is that it is impossible to fire a government employee, thus society is stuck with either incompetent or lazy public employees.
In your opinion, what is it in the process that makes it so difficult to fire poor performers? What can you do about it?

2. Heckler v. Campbell (1983)
The U.S. Supreme Court case Heckler V. Campbell (1983) involved Carmen Campbell who was denied social security disability benefits by the U.S. Department of Health and Human Services (DHHS). The administrative law judge in the case, who relied on agency grid regulations (grid regs) determined that Carmen was not eligible for benefits because she was not disabled. Jobs existed in the market that she could perform. The Court found in favor of Campbell. On what grounds? What is the disadvantage of using grid regulations to determine disability? What advantages does adjudication offer over rulemaking?

3. Evidentiary Administrative Adjudication
What is evidentiary administrative adjudication? What are some of the criticisms? Have you ever been involved in this process? If so, please share your experience……………

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