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Full-Text Articles in Law

A Fresh Look At Agency "Discretion", John M. Rogers Apr 1983

A Fresh Look At Agency "Discretion", John M. Rogers

Law Faculty Scholarly Articles

Lawyers who represent or litigate against government agencies must wrestle so frequently with the concept of agency "discretion" that they may be forgiven for believing that the term is devoid of intrinsic meaning—a chameleon deriving substance only from its particular context. For instance, mandamus will lie only for ministerial acts, as opposed to "discretionary" ones. Agency acts that are "by law committed to agency discretion" are not reviewable in court under the federal Administrative Procedure Act (APA). However, agency actions are reviewed for "abuse of discretion." On the other hand, tort suits against the government will not be allowed for …


Administrative Law Judge Corps Act, Abraham Dash Jan 1983

Administrative Law Judge Corps Act, Abraham Dash

Congressional Testimony

No abstract provided.


Section 558(C) Of The Administrative Procedure Act: Is A Formal Hearing To Demonstrate Compliance Required Before License Revocation Or Suspension?, Geraldine F. Baldwin Jan 1983

Section 558(C) Of The Administrative Procedure Act: Is A Formal Hearing To Demonstrate Compliance Required Before License Revocation Or Suspension?, Geraldine F. Baldwin

Fordham Law Review

No abstract provided.