NAHO Library/Video List
#3a & b - ADMINISTRATIVE LAW
Lee A. Albert, University at Buffalo Law School
1999 NAHO Conference, Santa Fe, NM
Professor Albert, who was the attorney who made the oral argument in Goldberg v. Kelly before the United States Supreme Court, presents this seminar on the theory and history of administrative law. Prof. Albert focuses on due process mandates for administrative hearings since Goldberg.
VHS - Part I, 1 hr 20 min; Part II, 1 hr 10 min
2.5 certification credits
#5 - ADMINISTRATIVE REVIEW OF DECISIONS top
Hugo Franco, Appeals Board, AZ Dept of Economic Security, Phoenix, AZ
2002 NAHO Conference, Anchorage, AK
This seminar includes a brief overview of the administrative review process, and focuses on things that hearing officials do that may cause an appellate body to reverse, set aside or remand a case. Helpful hints and practical suggestions will be provided concerning both hearing procedure and decision writing.
VHS – 1 hr 25 min
1.5 certification credits
#6 - ADVANCED EVIDENCE: BEYOND THE BASICS top
Carrie McLarty, ALJ, Texas Dept. of Human Services, Austin, TX
1998 NAHO Conference, Louisville, KY
This advanced evidence seminar focuses on evidentiary problems commonly confronted by hearing officials in administrative hearings. Because of jurisdictional variations in rules, the Federal Rules of Evidence will be used as a starting point for class discussion. Topics include hearsay, relevance, official notice, admission of documentary evidence and problems in rulings.
VHS – 1 hr 25 min
1.5 certification credits
#7 a, b, c & d - ALTERNATE DISPUTE RESOLUTION: MEDIATION top
Gene Valentini, South Plains Assoc. of Governments' Dispute Resolution Center, Lubbock, TX
1996 NAHO Conference, San Antonio, TX
This is a skills-based course designed to give participants an introduction to the theory, statutory requirements, and techniques needed to serve as neutral third party mediators. Practice pointers for the judge as mediator will be discussed.
VHS – Part I, 1 hr 32 min; Part II, 1 hr 33 min; Part III, 1 hr 21 min; Part IV, 1 hr 13 min
#8a & b - BASIC EVIDENCE top
Melvin B. Goldberg, William Mitchell College of Law
1993 NAHO Conference, Rapid City, SD
Based on Goldberg’s Deskbook on Evidence for Administrative Law Judges, this seminar is an introduction to general principles that can be applied to the 1/25 th of a second a judge has in which to rule on a question of evidence. The seminar, together with the book, is designed to get the judge to the right answer to most evidentiary issues raised in typical administrative law proceedings.
VHS – Part I, 1 hr 30 min; Part II, 1 hr 38 min
3 certification credits
#9 - BURDEN\STANDARDS OF PROOF: Something to Prove top
C. Robert Wallis, Review Judge, WA State Utilities & Transportation Comm.;
Lisa Anderl, Senior Attorney, US West, Inc.; Greg Kopta, Attorney, Seattle, WA
1997 NAHO Conference, Seattle, WA
This seminar helps you to discover or review how courts have worked out some of the most challenging aspects of decision-making - who has to prove what and how do they prove it? This will boost your ability to make sound evidentiary rulings and decisions by finding out what these terms really mean.
VHS - 1 hr 35 min
1.5 certification credits
#10 - COMPUTER FORENSICS IN DETECTING WELFARE FRAUD top
Gary L. Johnson, Principal Auditor, Minnesota Department of Human Services
2003 NAHO Conference, Minneapolis, MN
Administrative hearing officials need a greater understanding of how computer systems are used to detect fraud. Johnson, an auditor in computer forensics, leads a discussion about the process used to investigate digital evidence.
VHS – 1 hr. 30 min
1.5 certification credits
#11- CREDIBILITY top
Laurence Geller, Presiding ALJ, Peter Hemenway, ALJ Specialist, CA Dept. of Social Services
1997 NAHO Conference, San Antonio, TX
In this seminar, participants examine what adjudicators believe and why, exploring the basic assumptions underlying fact finding.
VHS – 1 hr 22 min
1.5 certification credits
#12 - CREDIBILITY/WITNESS top
Gregory Ogden, Professor, Pepperdine University School of Law
2002 NAHO Conference, Anchorage, AK
This seminar considers demeanor evidence in determining credibility of witnesses in the fact-finding process.
VHS – 1 hr 32 min
#13a & b - DECISION WRITING top
Donald L. Burnett, Dean, University of Louisville, Brandeis School of Law
1998 NAHO Conference, Anchorage, AK
Dean Burnett discusses the processes of finding facts, applying law, and exercising sound discretion; the roles of lawyers, judges, and hearing officials as professional writers (whether they view themselves that way or not); techniques for enhancing the logic and persuasive power of written decisions; and the development of individual checklists for persuasive written communication.
VHS – Part 1, 1 hr 13 min; Part II, 1 hr 16 min
#14 - DECISION WRITING top
Carrie McLarty, ALJ, TX Dept. of Human Services, Austin, Texas
1997 NAHO Conference, Seattle, WA
This workshop stresses the importance of writing legally sufficient findings of fact and conclusions of law. Subjects include: identifying the law, finding of facts from the evidence, drafting preliminary findings of fact, and deriving conclusions of law from the facts and the statutes. This course also addresses how to distinguish findings of fact from discussions, considerations in drafting, and the role of peer\supervisor review of decisions prior to issuance.
VHS – 1 hr 45 min
# 15 - DEVELOPING THE RECORD top
Linda Marousek, Review Judge, WA State Dept. Of Social & Health Services;
Monty Futch, Administrative Law Judge, WA State Office of Admin Hearings
1998 NAHO Conference, Seattle, WA
Judges Marousek and Futch identify specific problem areas, such as dealing with pro se clients; dealing with attorneys who are inexperienced in administrative law; using interpreters; handling "difficult" parties; and handling record-making problems that arise when one party is present in person and the other party is appearing by telephone. Some of these problems will be illustrated by scripted live-action actors.
VHS -1 hr 28 min
1.5 certification credits
# 17 - DUE PROCESS top
William R. Andersen, Professor, University of Washington School of Law
2002 NAHO Conference, Anchorage, AK
This advanced seminar discusses the theoretical foundations of the administrative hearing.
VHS – 1 hr 13 min
#19 - ETHICS FOR AND BEFORE THE HEARING OFFICIAL/ALJ top
Linda Sorenson Ewald, Associate Dean, University of Louisville, Brandeis School of Law
1999 NAHO Conference, Santa Fe, NM
Dean Ewald explores and examines ethical issues and dilemmas commonly faced by hearing officials in the administrative process. Active involvement of participants of participants will help you discover how to respond to these issues in your daily practice.
VHS – 1 hr 25 min
1.5 certification credits
#20 – ETHICS top
Gregory Ogden, Professor, Pepperdine University School of Law
2002 NAHO Conference, Anchorage, AK
This seminar explores and examines ethical issues and dilemmas commonly faced by hearing officials in the administrative process.
VHS – 1 hr 33 min
1.5 certification credits
#21 - EVALUATING EVIDENCE top
Edward Toussaint, Jr., Chief Judge, Minnesota Court of Appeals
2003 NAHO Conference, Minneapolis, MN
Hearing officials accept as evidence a sworn (or un-sworn) statement, an agency document, a medical report, or a printout from an employer that states how much an individual has earned. Hearing officials accept hearsay testimony by persons lacking first-hand knowledge of the events described, or testimony from individuals when the event occurred years ago. What weight is or should be given to this evidence?
VHS – 1 hr 35 min
1.5 certification credits
#22 – EVIDENCE top
Martha Davis, J.D., Law Professor, Thurgood Marshall School of Law, Texas Southern University, Houston, TX
1996 NAHO Conference, San Antonio, TX
This seminar discusses basic concepts of evidence and problems commonly encountered in the administrative hearing process.
VHS - 1 hr 27 min
1.5 certification credits
#23 – HISTORY AND THEORY OF ADMINISTRATIVE LAW top
Carrie McLarty, ALJ, TX Dept. of Human Services, Austin, TX
1998 NAHO Conference, Louisville, KY
This seminar covers basic principles of administrative law and includes the Administrative Procedure Act and an overview of due process in administrative hearings.
VHS – 1 hr 21 min
1.5 certification credits
#24 - HISTORY OF ADMINISTRATIVE DUE PROCESS top
Steven Moon, Administrative Appeals Referee, Minnesota Department of Human Services
2003 NAHO Conference, Minneapolis, MN
This seminar offers a historical review of the evolution of administrative due process from the beginning – the “right vs. privilege” distinction – the federal administrative procedures act – welfare and civil rights litigation and the seminal case of Goldberg v. Kelly.
VHS – 1 hr 15 min
#25 - JUDICIAL DECISION-MAKING: SUBJECTIVE, OBJECTIVE OR BOTH top
Kathleen Gearin, Judge, Second Judicial District of Minnesota
2003 NAHO Conference, Minneapolis, MN
Participants will gain insight into how judicial officers make decisions, what factors influence decision making, how personal values affect decision-making and what practical steps can be taken to encourage good decision-making.
VHS – 1 hr 10 min
# 26a & b - JUDICIAL DEMEANOR AND TEMPERAMENT: CONDUCT AND CONTROL OF HEARINGS top
Laurence .Geller, Presiding ALJ; Peter Hemenway, ALJ Specialist, CA Dept. of Social Services
1999 NAHO Conference, Santa Fe, CA
Hearing officials will be asked to step back and evaluate the judicial temperament and demeanor of themselves and their colleagues. Workshop participants set aside any preconceived notions of their own impartiality or infallibility and look at themselves in new ways. During the workshop, the presenters review ways to control the hearing without limiting the ability of participants to fully and fairly present their cases.
VHS – Part I, 2 hrs 2 min; Part II, 25 min
2.5 certification credits
#27 - JUSTICE VERSUS PREJUDICE AND YOU top
Laurence Geller, Administrative Law Judge, California Department of Social Services
2003 NAHO Conference, Minneapolis, MN
This seminar presents a provocative view of our system of justice and the role prejudice plays.
VHS – 55 min
1 certification credit
#28a & b - LEGAL RESEARCH: TRADITIONAL top
Kay Schlueter, Law Librarian, State Law Library, Austin, Texas
1996 NAHO Conference, San Antonio, TX
This seminar surveys the use of the law library 's resources to find the most recent and applicable case law, statutory, and regulatory materials. The course is a refresher for those who have been out of law school for a while or as a foundation for the technically trained adjudicator.
VHS – Part 1, 1 hr 7 min; Part II, 1 hr 14 min
# 29 - PERSPECTIVES ON DECISION MAKING top
Mark D. Bennett, Esq., Decision Resources, Inc., Santa Fe, NM
1999 NAHO Conference, Santa Fe, NM
This seminar focuses on the ways to discuss, analyze and understand values in the decision making process.
VHS – 1 hr
1 certification credit
#33 - RECENT DEVELOPMENTS IN ADMINISTRATIVE LAW top
Richard Murphy, Professor, William Mitchell College of Law
2003 NAHO Conference, Minneapolis, MN
Professor Murphy reviews selection of recent administrative law cases from the federal courts.
VHS – 1 hr 16 min
1.5 certification credits
#34 - STRESS MANAGEMENT top
David Biemer, Human Resources Specialist, TX Department of Human Services, Austin, TX
1996 NAHO Conference, San Antonio, TX
If you need stress relief (and who doesn't?), this class is essential! It includes lecture, group discussion and information sharing regarding stress that is associated with rapid changes in the work place. Participants also practice both effective and ineffective stress management techniques.
VHS – 1 hr 38 min - (requires written material)
2 certification credits
#35 – DUE PROCESS IN ADMINISTRATIVE HEARINGS top
Lee A. Albert, Professor, University at Buffalo Law School
1999 NAHO Conference, Santa Fe., NM – Keynote Address
VHS – 1 hr
1 certification credit
#36 - CONTROLLING DISRUPTIONS IN THE HEARING top
Jim Gerl , J.D., Scotti & Gerl, Lewisburg, W.V.
2005 NAHO Conference, Durham, NC
How should a hearing officer or ALJ handle situations where a pro se party disrupts a hearing? What are the best ways to control attorneys who cross the line with contumacious conduct? This seminar looks at the techniques that hearing officers and administrative law judges might employ in these situations.
VHS – 1 hr 30 min
1.5 hours credits. Elective.
#37 - DECISION WRITING top
Michael Garbarino, Assistant General Counsel, Texas Department of Human Services
2004 NAHO Conference, Ft. Worth, TX
This seminar deals with learning fundamental principles of decision writing, including required elements and the logical placement of those elements necessary to be both clear and concise.
VHS – 1 hr. 24 min.
1.5 certification credits
#38 - DUE PROCESS: WHEN IS JUDICIAL REVIEW REQUIRED? top
Sidney Shapiro, University Distinguished Chair in Law, Wake Forest University
2005 NAHO Conference, Durham, NC
The United States Supreme Court has never clearly indicated whether judicial review of agency action by an Article III court is constitutionally required. This presentation describes and critiques the Court’s jurisprudence on the availability of review and propose an alternative to the Court’s current approach.
VHS – 1 hr 23 min
1.5 certification credits
#39 - ELDER LAW - HOW DOES IT AFFECT HEARING OFFICIALS? top
Tom Begley Jr., J.D., Julie Osterhout, J.D. & Tim Takacs, J.D., Certified Elder Law Attorneys.
2005 NAHO Conference, Durham, NC
This session will discuss what elder law attorneys do, their intake process, and common strategies regarding Medicaid eligibility. The attorneys also discuss common issues appealed, the reason for the appeal, and the independence of the hearing officer.
VHS – 1 hr 27 min
1.5 certification credits
#40 - EVIDENCE BASICS FOR HEARING OFFICIALS top
Gregory Ogden, Professor, Pepperdine University School of Law
2005 NAHO Conference, Durham, NC
This seminar presents basic principles of evidence for hearing officials including the following: admissibility of evidence (including relevance and materiality); hearsay rule, hearsay exceptions, and legal residuum rule; privileges, including self-incrimination, and attorney-client privilege; burdens of proof, prima facie case, presumptions, and reliability; foundation, authentication, and judicial notice; impeachment, prior inconsistent statements, and character for truthfulness; making a record, fact finding and standards for judicial review.
VHS – 1 hr 28 min
1.5 certification credits
#41 - HEARING SECURITY top
Julian Mann, J.D., Chief Administrative Law Judge, NC Office of Administrative Hearings.
2005 NAHO Conference, Durham, NC
The purpose of this session is to raise the awareness for the need for security and safety in administrative hearings. Most hearings do not take place in a secure facility, such as a courthouse. The absence of security procedures heightens the risk for all participants. This session will focus on security issues such as hearing room and adjacent buildings design, weapons screening, planning and procedures for emergencies, identification and location of security personnel, and participant experience and suggestions.
VHS – 1 hr 27 min
1.5 certification credits
#42 - HIGH VOLUME HEARINGS top
Mark Richmond , Hearing Officer, Idaho Department of Transportation
2005 NAHO Conference, Durham, NC
This seminar will focus on how the administrative judiciary can process cases expeditiously while being responsive to the legal requirements of due process.
VHS – 1 hr. 30 min
1.5 certification credits
# 43 – DOING JUSTICE IN SMALL WAYS top
John Conner, ALJ, North Carolina Office of Administrative Hearings
2005 NAHO Conference, Durham, NC – Keynote Address
VHS - 54 min
#44 – ATMOSPHERIC CONDITIONS AFFECTING ADMINISTRATIVE ADJUDICATORS: WHEN IS A JUDGE NOT A JUDGE? top
John Hardwick, Executive Director, National Association of Administrative Law Judges
2005 NAHO Conference, Durham, NC – Closing Session
VHS - 45 min