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 misused exception in the nation’s immigration laws, especially in a time of improved transcontinental travel and communications. Two important...
Judicial Review (Recommendations)
Tag cloud
Hide tags
50th Anniversary
Adjudication
Administrative Dispute Resolution Act
Administrative Law Judges (ALJs)
Administrative Procedure Act (APA)
Administrative Review
Adverse Publicity
Advisory Committees
Agency Organization
Alternative Dispute Resolution (ADR)
Appeals
Arbitration
Assistance Programs
Asylum
Attorneys
Bank Regulation
Benefits
Case Management
Cease and Desist Orders
CERCLA
Choice of Forum
Civil Money Penalties
Clean Air Act (CAA)
Code of Federal Regulations (CFR)
Collaboration
Compensation
Compliance Standards
Confidentiality
Conflict of Interest
Congress
Consumers
Contract Disputes
Contracting Officers
Cost Benefit Analysis
Customs Service
Debt Collection
Delegation
Direct Final Rulemaking
Disability
Disclosure
Discount Rate
Discovery
Discretion
Dispute Resolution
Disputes
Disqualification
Divestiture
E-Rulemaking
Electronic Records Management
Energy
Enforcement
Entitlements
Environment
Environmental Law
Equal Access to Justice Act (EAJA)
Equal Employment Opportunity
Ethics
Ex Parte Communications
Executive Branch Appointees
Executive Oversight
Executive Review
Export Administration Act
Export Controls
Fair Housing Act
Farm Credit Program
Federal Acquisition Regulation
Federal Advisory Committee Act (FACA)
Federal Digital System (FDsys)
Federal Employees
Federal Facilities
Federal Rules of Civil Procedure
Federal Rules of Evidence
Federal Water Pollution Control Act (Clean Water Act)
Federalism
Financial Disclosure
Foreign Affairs
Formal Adjudication
Formal Rulemaking
Formula Grant Programs
Forum
Freedom of Information Act (FOIA)
Generic Proceedings
Government Contractor Employees
Government Contracts
Government in the Sunshine Act
Government Sponsored Enterprises
Grant Disputes
Grant Programs
Hazardous Waste
Health and Safety Regulation
Health Care
Hearing Officers
Hearings
Hybrid Rulemaking
Immigration
Incorporation by Reference
Indemnification
Indexing
Information Collections
Interagency Coordination
Interagency Working Group
Interim Final Rulemaking
Interlocutory Appeals
Intermediate Appellate Boards
Internal Revenue Code
International Regulatory Cooperation
International Trade
Interpretive Rules
Judicial Forum
Judicial Review
Jurisdiction
Labor
Legal Education
Legislative Rulemaking
Legislative Veto
Liability
Licensing
Magnuson-Moss
Mediation
Medicaid
Medicare
Midnight Rules
Military
Monetary Claims
National Environmental Policy Act (NEPA)
Negotiated Rulemaking
Neutrals
News
Ombudsman
Paperwork Reduction Act
Performance Management
Pesticides
Petitions for Rulemaking
Policy Statements
Preemption
Presidential Appointees
Presidential Oversight of Rulemaking
Presidential Review
Presidential Transition Act
Prisoners
Privilege
Procedural and Practice Rule Exemption
Procurement
Product Recalls
Prompt Corrective Action
Protective Orders
Public Information
Public Lands
Public Participation
Publication
Publicity
Quality Assurance
Ratemaking
Recalls
Receivership
Recommendations
Records Management
Recusal
Regulation
Regulatory Analysis
Regulatory Negotiation
Renegotiation Act
Representation
Representative Payees
Retirement
Review of Discretionary Decisions
Risk Assessment
Risk Communication
Rulemaking
Savings and Loan
Science
Separation of Functions
Settlements
Social Security
Sovereign Immunity
Statement
Statistics
Statutory Interpretation
Statutory Time Limits
Subpoena (Subpena)
Sunshine Act
Superfund
Supplemental Security Income (SSI)
Suspension
Taxation
Technical Standards
Technology
Trial-type Procedures
TTIP
Venue
Veterans
Video Hearings
Visas
Voluntary Consensus Standards
Worker Health and Safety
- Recommendation number: 89-4
- Adopted on: June 16, 1989
- Tags: Adjudication, Asylum, Hearings, Immigration, Judicial Review
- Recommendation number: 89-5
- Adopted on: June 16, 1989
- Judicial Review, Statutory Interpretation
Agencies continually interpret the statutes they administer. Their interpretations are expressed in a great variety of formats—including, among others, legislative regulations, adjudicatory opinions, court briefs, interpretive rules, policy statements, staff instructions, correspondence,...
- Recommendation number: 88-6
- Adopted on: September 16, 1988
- Tags: Choice of Forum, Congress, Judicial Forum, Judicial Review, Jurisdiction
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 Administrative Action” (1975), the Conference stated criteria for determining the appropriate judicial forum for the review of final administrative action....
- Recommendation number: 91-2
- Adopted on: June 13, 1991
- Tags: Adjudication, Administrative Procedure Act (APA), Congress, Export Administration Act, Export Controls, International Trade, Judicial Review, Licensing, Rulemaking
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, foreign policy objectives, and preservation of this country’s access to commodities in short supply. It is the principal element in a scheme of...
- Recommendation number: 91-9
- Adopted on: December 13, 1991
- Tags: Congress, Judicial Review
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 facing the courts and to develop a long-range plan for addressing them. The Committee issued its report in April 1990, touching on many different...
- Recommendation number: 93-2
- Adopted on: June 10, 1993
- Tags: Adjudication, Appeals, Bank Regulation, Congress, Judicial Review
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 Federal Reserve System, the Federal Deposit Insurance Corporation, the Office of the Comptroller of the Currency, and the Office of Thrift Supervision) and the industries they supervise....
- Recommendation number: 93-4
- Adopted on: December 9, 1993
- Tags: Administrative Procedure Act (APA), Congress, Judicial Review, Rulemaking
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 realities of rulemaking. The APA’s cumbersome “formal rulemaking” procedures are rarely used except in some adjudicative-type rate proceedings....
- Recommendation number: 82-3
- Adopted on: June 18, 1982
- Tags: Congress, Judicial Review, Venue
(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) amendment of the district court transfer provision, 28 U.S.C. 1404(a), to provide explicitly that intervenors may request a change of venue, and (2) addition of a provision requiring that, when an...
- Recommendation number: 82-7
- Adopted on: December 17, 1982
- Tags: Congress, Enforcement, Judicial Review
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 review)1 or by asserting the invalidity of the rule as a defense...
- Recommendation number: 80-5
- Adopted on: December 11, 1980
- Tags: Choice of Forum, Congress, Judicial Forum, Judicial Review
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 court of appeals is not specified by statute as the reviewing court, and venue may lie in more than one such court. Many lawyers believe that one court of appeals is likely...