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