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“Not Reasonably Debatable”: The Problems With Single-Judge Decisions By The Court Of Appeals For Veterans Claims, James Ridgway
“Not Reasonably Debatable”: The Problems With Single-Judge Decisions By The Court Of Appeals For Veterans Claims, James Ridgway
James D. Ridgway
The U.S. Court of Appeals for Veterans Claims (CAVC) has statutory authority—unique among the federal appellate courts—to allow individual judges to decide appeals. As the CAVC completes the first quarter century of operations since its creation, this article examines the court’s use of this authority. Based upon two years of data developed and analyzed by the authors, this article concludes that outcome variance in single-judge decisions is a serious problem at the CAVC. Not only is there a substantial difference in the outcomes of appeals assigned to the different judges, but there are clear examples of decisions that violate the …
Equitable Power In The Time Of Budget Austerity: The Problem Of Judicial Remedies For Unconstitutional Delays In Claims Processing By Federal Agencies, James Ridgway
James D. Ridgway
This article begins the important work of synthesizing two areas of law that have been on a collision course recently: federal administrative law and structural reform remedies. The urgency of this problem is highlighted by two recent cases by the Supreme Court and the Ninth Circuit. They demonstrate both that the courts are unwilling to continue ignoring the widespread crises in federal agencies that manage benefit programs, and that the current model of equitable remedies for failing institutions is not up to the task of providing effective solutions. This article addresses the core case law and theory in both areas, …