Fact, Fiction and Proof in the 21st Century: Evidence and Credibility for Fact Finding by Administrative Law Judges

30 Pages Posted: 9 Jul 2010 Last revised: 13 Jul 2010

See all articles by Lynn McLain

Lynn McLain

University of Baltimore - School of Law

Date Written: October 7, 2007

Abstract

Administrative law judges (ALJ’s). like trial judges, minimize their chances of reversal by writing their opinions so as to persuade the reviewing agency or court that they reached the right decision in the first instance - or that even if the reviewing body would be inclined to rule differently, it should defer to the ALJ. The ALJ’s task is to "make the record sing” so well that the reviewing body finds itself humming along.

Keywords: administrative law judges, evidence, fact finding, judicial opinions, reviewing agencies, courts, administrative law procedure

JEL Classification: K19, K29, K39, K49

Suggested Citation

McLain, Lynn, Fact, Fiction and Proof in the 21st Century: Evidence and Credibility for Fact Finding by Administrative Law Judges (October 7, 2007). Available at SSRN: https://ssrn.com/abstract=1636302 or http://dx.doi.org/10.2139/ssrn.1636302

Lynn McLain (Contact Author)

University of Baltimore - School of Law ( email )

1420 N. Charles Street
Baltimore, MD 21218
United States

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