Judicial Review (Documents)

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For the project report click here: https://www.acus.gov/report/project-report-recommendation-89-4

 

Providing asylum to the persecuted is a vital and treasured part of the American humanitarian tradition. It deserves reaffirmation and continued commitment. The asylum process, however, can also become a...

For the project report click here: https://www.acus.gov/report/project-report-recommendation-89-5

 

 

Agencies continually interpret the statutes they administer. Their interpretations are expressed in a great variety of formats—including, among others, legislative regulations, adjudicatory...

For the project report click here: https://www.acus.gov/report/project-report-recommendation-88-6

 

The Administrative Conference of the United States has long had an interest in forum allocation in administrative cases. In Recommendation No. 75-3, “The Choice of Forum for Judicial Review of...

For the project report click here: https://www.acus.gov/report/project-report-recommendation-91-2

 

The Export Administration Act (EAA), 50 U.S.C. App 2401-2420, authorizes the Commerce Department to restrict exports of goods and technology from the United States in the interests of national security,...

For the project report click here: https://www.acus.gov/report/project-report-recommendation-91-9

 

In recent years, there has been much talk of a crisis in the federal courts. In response, Congress empanelled the Federal Courts Study Committee, charging it with responsibility to examine the problems...

For the project report click here: https://www.acus.gov/report/project-report-recommendation-93-2

 

In the wake of the recent crises in the banking industry, Congress has passed two major statutes affecting the relationship among the four principal banking regulators (the Board of Governors of the...

For the project report click here: https://www.acus.gov/report/project-report-recommendation-93-4

 

Informed observers generally agree that the rulemaking process has become both increasingly less effective and more time-consuming. The Administrative Procedure Act does not reflect many of the current...

For the project report click here: https://www.acus.gov/report/project-report-recommendation-82-3

 

(a) This recommendation responds to proposals to amend statutes that govern venue in actions against the United States, its agencies, and its officials. It calls for two limited changes: (1)...

For the project report click here: https://www.acus.gov/report/project-report-recommendation-82-7

 

A person adversely affected by an agency rule may ordinarily obtain judicial review of that rule either by instituting a direct review proceeding against the agency in an appropriate court (pre-enforcement...

For the project report click here: https://www.acus.gov/report/project-report-recommendation-80-5

 

Many agency actions subject to direct review in the courts of appeals involve more than one private party that may legitimately consider itself aggrieved by the agency action. In most such cases, a single...