Judicial Review (Recommendations)

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For the project report click here: https://www.acus.gov/report/project-report-recommendation-75-3

 

This recommendation states criteria for use by the Congress in determining the appropriate forum for judicial review of federal administrative action.

The present forum for the review of most agency...

For the project report click here: https://www.acus.gov/report/project-report-recommendation-74-4

 

With increasing frequency, rules of general applicability adopted by agencies informally pursuant to 5 U.S.C. § 553 are being reviewed by the courts directly, before they are applied to particular persons...

For the project report click here: https://www.acus.gov/report/project-report-recommendation-72-7

 

Section 10(b)(3) of the Military Selective Service Act, 50 U.S.C. App. § 460(b)(3) (1970), in terms forbids judicial review of administrative determinations relating to the classification and processing of...

For the project report click here: https://www.acus.gov/report/project-report-recommendation-70-1

 

The size and complexity of the Federal Government, coupled with the intricate and technical law concerning official capacity and parties defendant, have given rise to innumerable cases in which a plaintiff...

For the project report click here: https://www.acus.gov/report/project-report-recommendation-69-2

 

The orders of most major independent regulatory agencies normally become enforceable automatically unless challenged in court. The statutory requirement that an order of the NLRB can be made effective only...

For the project report click here: https://www.acus.gov/report/project-report-recommendation-69-1

 

The technical legal defense of sovereign immunity, which the Government may still use in some instances to block suits against it by its citizens regardless of the merit of their claims, has become in...

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...