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For the project report click here: https://www.acus.gov/report/project-report-recommendation-68-8
Judicial review of orders of the Interstate Commerce Commission in cases where at present a special three-judge District court is used under 28 U.S.C. 2325 should be by petition to review in the U.S....
For the project report click here: https://www.acus.gov/report/project-report-recommendation-68-7
Title 28 of the United States Code should be amended to eliminate any requirement of a minimum jurisdictional amount before U.S. district courts may exercise original jurisdiction over any action in which...
The Administrative Conference of the United States has long had an interest in ensuring appropriate judicial review of Government actions and in considering related questions regarding jurisdiction and forum. For example, the Conference’s seminal Recommendation 69-1 recommended amendment of the Administrative Procedure Act—subsequently enacted by Congress—to waive sovereign immunity and...
For the project report click here: https://www.acus.gov/report/project-report-recommendation-81-2
In Recommendation 79-6, adopted in December 1979, the Conference criticized the then current version of the so-called Bumpers Amendment to Section 706 of the Administrative Procedure Act. At that time, the...
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 “...
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...
The Administrative Conference recommends that the Judicial Conference of the United States develop special procedural rules for cases under the Social Security Act[1] in which an individual seeks district court review of a final administrative decision of the Commissioner of Social Security pursuant to 42 U.S.C...
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...
