Judicial Review (Documents)

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The President of the United States, on April 29, 1953, at the instance of the Chief Justice of the United States in his capacity as Chairman of the Judicial Conference of the United States, called a conference  concerning unnecessary delay, expense and volume of records in some adjudicatory and rule-making proceedings in the Executive Departments and Administrative Agencies. To this Conference...

On February 11, 2013, the House of Delegates of the American Bar Association (ABA) adopted Resolution 300, urging Congress to implement Conference Recommendation 2012-6.  The resolution was offered by the ABA's Section of Public Contract Law and co-sponsored by the Section of Administrative Law and Regulatory Practice.  

This document includes the final resolution as adopted, followed...

This updated version of Appendix A to the Section 1500 Report provides data on Section 1500 cases decided by the Court of Federal Claims and Federal Circuit from 2000-2012.  Revised in early 2013, this version of the appendix was not available to the Committee on Judicial Review or the Assembly during the process of developing...

The administrative record in informal rulemaking plays an essential role in informing the public of potential agency action and in improving the public’s ability to understand and participate in agency decisionmaking.  As well, the administrative record can be essential to judicial review of agency decisionmaking under the Administrative Procedure Act (APA), which directs courts to “...

This is the final version of Emily S. Bremer and Jonathan R. Siegel's Section 1500 Report, as published in the Alabama Law Review in October 2013.

Remand without vacatur is a judicial remedy that permits agency orders or rules to remain in effect after they are remanded by the reviewing court for further agency proceedings.  Traditionally, courts have reversed and set aside agency actions they have found to be arbitrary and capricious, unlawful, unsupported by substantial evidence, or otherwise in violation of an applicable standard of...

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