Law Commons^™

Reassessing Administrative Finality: The Importance Of New Evidence And Changed Circumstances, Gwendolyn Savitz

Cleveland State Law Review

Administrative finality of agency action is generally thought of as a method of avoiding premature judicial review—a claim that the review is too early. But it is also used to prevent judicial review by claiming that the review has now come too late. There are two primary exceptions to this prohibition: new evidence and changed circumstances. However, courts and agencies are reluctant to permit challengers to use these exceptions as often as should be statutorily allowed, an area that scholarship has been neglected.

This Article fills the gap by exploring this aspect of administrative finality, looking at the important government …

Who Was William Marbury?, David F. Forte

Law Faculty Articles and Essays

Of all the disappointed office seekers in American history, only William Marbury has been so honored as to have his portrait hung in the chambers of the United States Supreme Court alongside that of James Madison. The two titular protagonists to the Marbury v. Madison dispute had no idea that their original contretemps would ever find its way to litigation, let alone eventual mythic significance as the foundation stone of judicial review.

John Marshall And The Moral Basis For Judicial Review, David F. Forte

Law Faculty Articles and Essays

During the last two decades, many observers have been disappointed in some of the appointments to the federal bench and in the judicial philosophies some judges have brought with them. But if we turn to the source of our constitutional order, we would find in the example of John Marshall the moral basis for the judicial craft.

Due Process, Judicial Review, And The Rights Of The Individual, Edward D. Re

Cleveland State Law Review

As a federal judge I fully appreciate the role of the judiciary in reviewing the actions of administrative agencies. Hence, I am pleased to discuss the concepts of due process, judicial review, and the rights of the individual. Since it cannot be questioned that public officers and administrative agencies vitally affect the lives and interests of all persons, it is important to know the legal controls and remedies that are available to assure that public officials act lawfully. This, of course, implies that all administrators and officers of government must act within the bounds of their delegated authority and comply …