Executive branch adjudications in public safety laws: Assessing the costs and identifying the benefits of ALJ utilization in public safety legislation

This article examines the shifting of adjudicative power from the judicial branch to the executive branch in the aftermath of the terrorist attacks of September 11, 2001. The article finds substantial merit in such change, particularly at the state level, where administrative adjudication proves to be highly adaptive and effective. It examines current choices among executive adjudicative schemes, and notes known strengths and weaknesses of executive adjudication in contrast with judicial branch adjudication. Noting the costs and benefits of shifting judicial power to the executive branch, it identifies constitutional minima relating to such shifts, and evaluates how best to meet those minimum standards. After identifying areas in need of further study concerning the use of administrative adjudicators, it proposes that there are qualitative differences among executive adjudicative structures that lawmakers should take into account when creating administrative schemes for adjudicating claims involving public health and safety.