Lexum’s State Administrative Decisions Census Published in the NAALJ Journal

In October 2016 I announced preliminary results and findings from a survey of the status of online access to administrative decisions in the US.  The formal paper resulting from this research project has just been made available in the latest issue of the Journal of the National Association of Administrative Law Judiciary (NAALJ).

The paper demonstrates that access to administrative appeals suffers from the same barriers to access as judicial opinions, although at a more acute level.  The  reliance  of  many  states  on  third-party  commercial publishers for the provision of primary access is particularly problematic in the context of the current access to justice crisis, especially considering the potential for enhanced transparency provided  by  the  Internet.  The paper proposes that in order to  improve  the  situation,  central  panels  and  agencies  should systematically self-publish administrative appeal decisions on their own websites (which may require  redaction)  and  put  emphasis  on  making  them  available “openly”, which involves taking steps beyond the simple provision of physical access.

Note that this paper will be presented at both the 2017 NAALJ Annual Conference in New York, October 8-10, and at the Law via the Internet Conference 2017 in Newark, October 19-21.

It is recommended to cite the paper as:

Pierre-Paul Lemyre, State Administrative Decisions Census: Demonstrating the Need for More Openness, 37 J. Nat’l Ass’n Admin. L. Judiciary 35 (2017)

Available at: http://digitalcommons.pepperdine.edu/naalj/vol37/iss1/2