October 3, 2012 Committee Meeting

October 3, 2012 Committee Meeting
  • October 3, 2012 - 2:00 pm to 5:00 pm EDT

The Committee on Judicial Review will meet to consider a revised draft recommendation on the Section 1500 project, the researchers revised draft report, public comments, and related background materials.  Time permitting, the Committee will also consider a pending project on the Administrative Record.

October 3, 2012 - 2:00 pm EDT

Research Projects

Recommendation 2012-6 – The Need to Reform 28 U.S.C. § 1500 urges Congress to repeal Section 1500, which divests the U.S. Court of Federal Claims of jurisdiction when a plaintiff has claims against the government based on substantially the same operative facts pending in another court, and replace it with a provision that would create a presumption that in such circumstances, later-filed actions would be stayed.

Recommendation 2013-4 – Administrative Record in Informal Rulemaking offers best practices for agencies in the compilation, preservation, and certification of records in informal rulemaking, and it supports the judicial presumption of regularity for agency administrative records except in certain limited circumstances.