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The Federal Circuit As A Federal Court, Paul R. Gugliuzza May 2013

The Federal Circuit As A Federal Court, Paul R. Gugliuzza

William & Mary Law Review

The U.S. Court of Appeals for the Federal Circuit has exclusive jurisdiction over patent appeals and, as a consequence, the last word on many legal issues important to innovation policy. This Article shows how the Federal Circuit augments its already significant power by impeding other government institutions from influencing the patent system. Specifically, the Federal Circuit has shaped patent-law doctrine, along with rules of jurisdiction, procedure, and administrative law, to preserve and expand the court's power in four interinstitutional relationships: the court's federalism relationship with state courts, its separation of powers relationship with the executive and legislative branches, its vertical …


Revisiting The Impact Of Judicial Review On Agency Rulemakings: An Empirical Investigation, Wendy Wagner Apr 2012

Revisiting The Impact Of Judicial Review On Agency Rulemakings: An Empirical Investigation, Wendy Wagner

William & Mary Law Review

It is generally believed that the judicial review of agency rulemakings helps protect the public interest against industry capture. Yet very little empirical research has been done to assess the accuracy of this conventional wisdom. This Study examines the entire set of air toxic emission regulations promulgated by the Environmental Protection Agency (EPA), with particular attention to those rules appealed to judgment in the court of appeals, and discovers significant disconnects between popular understanding of judicial review and rulemaking reality. Of these air toxic rules (N=90), the courts were summoned to review only a small fraction (8%), despite evidence that …


"Relative Checks": Towards Optimal Control Of Administrative Power, David S. Rubenstein May 2010

"Relative Checks": Towards Optimal Control Of Administrative Power, David S. Rubenstein

William & Mary Law Review

Administrative agencies wield a necessary but dangerous power. Some control of that power is constitutionally required and normatively justified. Yet widely discordant views persist concerning the appropriate means of control. Scholars have proposed competing administrative control models that variably place the judiciary, the President, and Congress at the helm. Although these models offer critical insights into the institutional competencies of the respective branches, they tend to understate the limitations of those branches to check administrative power and ultimately marginalize the public interest costs occasioned by second-guessing administrative choice. The “relative checks” paradigm introduced here seeks to improve upon existing models …


Democratizing The Administrative State, Richard J. Pierce Jr. Nov 2006

Democratizing The Administrative State, Richard J. Pierce Jr.

William & Mary Law Review

Scholars have long questioned the political and constitutional legitimacy of the administrative state. By 1980, a majority of Supreme Court Justices seemed poised to hold that large portions of the administrative state are unconstitutional. In 1984, the Court retreated from that abyss and took a major step toward legitimating and democratizing the administrative state. It instructed lower courts to defer to any reasonable agency interpretation of an ambiguous agency-administered statute, basing this doctrine of deference on the superior political accountability of agencies. Henceforth, politically unaccountable judges were prohibited from substituting their policy preferences for those of politically accountable agencies. The …


Judicial Review Of Administrative Policymaking, Charles H. Koch Jr. Oct 2002

Judicial Review Of Administrative Policymaking, Charles H. Koch Jr.

William & Mary Law Review

No abstract provided.


Stare Decisis, Chevron, And Skidmore: Do Administrative Agencies Have The Power To Overrule Courts?, Paul A. Dame Oct 2002

Stare Decisis, Chevron, And Skidmore: Do Administrative Agencies Have The Power To Overrule Courts?, Paul A. Dame

William & Mary Law Review

No abstract provided.


A "Tier-Ful" Revelation: A Principled Approach To Separation Of Powers, Timothy T. Hui May 1993

A "Tier-Ful" Revelation: A Principled Approach To Separation Of Powers, Timothy T. Hui

William & Mary Law Review

No abstract provided.


Administrative Law In England: The Emergence Of A New Remedy, D. G.T. Williams May 1986

Administrative Law In England: The Emergence Of A New Remedy, D. G.T. Williams

William & Mary Law Review

No abstract provided.


Reflections On Preclusion Of Judicial Review In England And The United States, Sandra Day O'Connor May 1986

Reflections On Preclusion Of Judicial Review In England And The United States, Sandra Day O'Connor

William & Mary Law Review

No abstract provided.


Placing The Facts Of Administrative Decisionmaking Before Reviewing Courts: English And American Techniques, Roberts B. Owen May 1986

Placing The Facts Of Administrative Decisionmaking Before Reviewing Courts: English And American Techniques, Roberts B. Owen

William & Mary Law Review

No abstract provided.


Judicial Review Of National Security Decisions: United States And United Kingdom, Charles D. Ablard May 1986

Judicial Review Of National Security Decisions: United States And United Kingdom, Charles D. Ablard

William & Mary Law Review

No abstract provided.


"Some Kind Of Hearing" In England, Charles H. Koch Jr. Dec 1981

"Some Kind Of Hearing" In England, Charles H. Koch Jr.

William & Mary Law Review

No abstract provided.


Judicial Review Of Administrative Determination Of "Reason To Believe", Arthur J. Volkle Oct 1981

Judicial Review Of Administrative Determination Of "Reason To Believe", Arthur J. Volkle

William & Mary Law Review

No abstract provided.


Trial De Novo Under The Food Stamp Act Of 1964: The Permissible Limits Of Judicial Intrusion Oct 1975

Trial De Novo Under The Food Stamp Act Of 1964: The Permissible Limits Of Judicial Intrusion

William & Mary Law Review

No abstract provided.


Armed Services - The Right To Pre-Induction Judicial Review. Breen V. Selective Service Local Board No. 16, 90 S. Ct. (1970), Robert R. Kaplan May 1970

Armed Services - The Right To Pre-Induction Judicial Review. Breen V. Selective Service Local Board No. 16, 90 S. Ct. (1970), Robert R. Kaplan

William & Mary Law Review

No abstract provided.