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A Framework For Judicial Review And Remand In Immigration Law, Collin D. Schueler
A Framework For Judicial Review And Remand In Immigration Law, Collin D. Schueler
Law Faculty Scholarly Articles
This Article breaks new ground at the intersection of administrative law and immigration law. One of the more important questions in both fields is whether a reviewing court should resolve a legal issue in the first instance or remand that issue to the agency. This Article advances the novel claim that courts should use the modem framework for judicial review of agency statutory interpretations to inform their resolution of this remand question. Then, using this framework, the Article identifies when remand is and is not appropriate in immigration cases. This critical analysis, which urges a departure from conventional academic wisdom, …
Florida East Coast Railway And The Structure Of Administrative Law, Michael P. Healy
Florida East Coast Railway And The Structure Of Administrative Law, Michael P. Healy
Law Faculty Scholarly Articles
A typical Administrative Law course presents the Supreme Court's decision in United States v. Florida East Coast Railway Co. as establishing the rule that statutory text quite close to the magic words, "on the record after opportunity for an agency hearing," is needed to trigger the Administrative Procedure Act's (APA) formal hearing requirements for a rulemaking. Florida East Coast Railway is a prime example of an underrated case because, even though the case is well known, its renown is a consequence only of its black letter rule about rulemaking procedures. Many scholars and practitioners do not appreciate the case for …