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GW Law Faculty Publications & Other Works

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2020

Criminal procedure

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Full-Text Articles in Law

Administrative Investigations, Aram A. Gavoor, Steven Platt Jan 2020

Administrative Investigations, Aram A. Gavoor, Steven Platt

GW Law Faculty Publications & Other Works

This Article establishes the subject of federal administrative investigations as a new area of study in administrative law. While the literature has addressed investigations by specific agencies and congressional investigations, there is no general account for the trans-substantive constitutional value of administrative investigations. This Article provides such an account by exploring the positive law, agency behaviors, and constraints pertaining to this unresearched field. It concludes with some urgency that the Administrative Procedure Act of 1946—the statute that stands as a bill of rights for the Administrative State—does not serve to regulate administrative investigations and that the Article III courts have …