Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
Articles 1 - 4 of 4
Full-Text Articles in Jurisprudence
Book Review. Joan Biskupic, An American Original: The Life And Constitution Of Supreme Court Justice Antonin Scalia, Jeffrey C. Tuomala
Book Review. Joan Biskupic, An American Original: The Life And Constitution Of Supreme Court Justice Antonin Scalia, Jeffrey C. Tuomala
Faculty Publications and Presentations
No abstract provided.
Marbury V. Madison And The Foundation Of Law, Jeffrey C. Tuomala
Marbury V. Madison And The Foundation Of Law, Jeffrey C. Tuomala
Faculty Publications and Presentations
No abstract provided.
Standing, On Appeal, Amy J. Wildermuth, Lincoln L. Davies
Standing, On Appeal, Amy J. Wildermuth, Lincoln L. Davies
Articles
Scholarly criticism of standing doctrine is hardly new, but a core problem with standing jurisprudence remains overlooked: How do parties challenging administrative decisions factually prove that they have standing on appeal when appellate courts normally do not conduct fact finding? This Article attempts to tackle that problem. It combines a four-pronged normative procedural justice model with an empirical study of appellate cases to conclude that (1) although this issue arises in a relatively narrow set of cases, the number of such cases is growing and (2) existing judicial solutions to the problem are deficient. Thus, after exploring several options — …
“To Remand, Or Not To Remand”: Ventura’S Ordinary Remand Rule And The Evolving Jurisprudence Of Futility, Patrick J. Glen
“To Remand, Or Not To Remand”: Ventura’S Ordinary Remand Rule And The Evolving Jurisprudence Of Futility, Patrick J. Glen
Georgetown Law Faculty Publications and Other Works
It is a foundational principle of administrative law that a reviewing court should not dispose of a petition for review or appeal on grounds not relied upon by the agency, and should not reach issues in the first instance not addressed administratively. In such circumstances, there is a strong presumption that the reviewing court should remand the case to the agency for further proceedings rather than reach out to decide the disputed issues. The United States Supreme Court explicitly extended operation of the “ordinary remand rule” to the immigration context in its 2002 decision in INS v. Ventura. Notwithstanding subsequent …