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Administrative Law, J. Michael Davis
Administrative Law, J. Michael Davis
Mercer Law Review
The Eleventh Circuit Court of Appeals faced a number of Administrative Law issues in 1992, providing important decisions in the fields of immigration law and occupational safety. The decisions as a whole did not depart from standard principles of Administrative Law, however, the decisions did provide substantial refinements of those principles. The most compelling decision occurred in the field of immigration law and was the only decision to involve a dissenting opinion.
Nonacquiescence By The Social Security Administration As A Matter Of Law: Using Stieberger V. Sullivan As A Model, Jody L. Davis
Nonacquiescence By The Social Security Administration As A Matter Of Law: Using Stieberger V. Sullivan As A Model, Jody L. Davis
Mercer Law Review
Intracircuit nonacquiescence by an administrative agency is the "deliberate refusal to implement holdings in binding [circuit] court [of appeals] decisions in cases adjudicated before it." When a circuit court renders a decision that differs from the agency's schematic, the agency will either issue a formal declaration that it will not follow the circuit decision, or will silently disregard the decision and attempt to impress others that it is following the circuit's rule. The Social Security Administration's ("SSA") policy of intracircuit nonacquiescence in the Southern District of New York has been successfully challenged as being "inconsistent with the constitutionally required separation …