"Vacation" at sea: judicial remedies and equitable discretion in administrative law. From: Duke Law Journal | Date: November 1, 2003| Author: | COPYRIGHT 2003 Duke University, School of Law. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan.  All inquiries regarding rights should be directed to the Gale Group.Copyright information

ABSTRACT

Scholars have rarely examined the remedial issues that federal courts may face when they find that an administrative agency has acted unlawfully. This Article presents a broad survey of that topic in the course of exploring a narrower doctrinal issue: the validity of "remand without vacation." That term denotes a practice whereby a court remands an agency action for further work but allows the action to remain in place during the remand proceedings. In recent years many appellate panels have resorted to this practice in order to minimize disruption of an ongoing ...

Related newspaper, magazine, and trade journal articles from HighBeam Research

(Including press releases, facts, information, and biographies)

	Cognitive loafing, social conformity, and judicial review of agency rulemaking.(administrative law) ; ...study of administrative agencies...agencies. Administrative law generally...exceptions, administrative law ignores what...law works, administrative law scholarship...even if administrative law does not...impact of administrative law ...
	Administrative law: curbed in the courts. (Britain ) ; ...uncertain. Administrative law has been the...scope for judicial review of government...for getting judicial review of government...Applications for judicial review have trebled...amply shows, administrative law has not developed...growth of ...
	Some trends in administrative law in the 21st century ; ...APPLICATION OF ADMINISTRATIVE LAW...600 III. JUDICIAL REVIEW OF ADMINISTRATIVE...601 IV. ADMINISTRATIVE LAW RULES...asked what administrative law would look...imagine that administrative law could grow...important administrative law ...
	Recovering American administrative law: federalist foundations, 1787-1801. ; ...ACCOUNTABILITY, AND JUDICIAL REVIEW A. Those Unimportant...Tribunals C. Judicial Review in the Federalist...FEDERALIST ADMINISTRATIVE LAW In hindsight...corollary administrative law, is a backwater...second is that administrative law is the law of ...
	Administrative law as the new federalism. (Thirty-Eighth Annual Administrative Law Symposium) ; ...relationship between federalism and administrative law remains strangely inchoate and unanalyzed...on this relationship and is using administrative law to address federalism concerns even...grounds. This Article explores how administrative law may be becoming the new federalism...
	The corporate origins of judicial review. ; ...new historical account of the origins of judicial review. It argues that judicial review arose from a longstanding English corporate...later, this practice gained a new name: judicial review. The widespread acceptance of this name...
	Reluctant nationalists: federal administration and administrative law in the Republican era, 1801-1829. ; ...Control 2. The System of Administrative Control a. Information-Gatheri...Forfeitures 3. The Role of Judicial Review a. The Embargo and...the Development of Administrative Law II. BUREAUCRATIZING...Statutory Specificity b. Administrative Regulation 2. Adjudicating...Land Commissioners ...
	Judicial review shows its set of teeth ; ...recollect, recently sought judicial review over a decision by the National...resignation of such a leading figure. Judicial review exists to ensure that bodies...decision-making processes, was subject to judicial review on the grounds that it had...The importance and scope of ...
	Judicial review of administrative policymaking. . ; ...cranny of judicial review of agency...languished. Perhaps administrative law scholars have...question of judicial review of this other...oracle of administrative law, observed...generation of administrative law recognized...difference between ...
	Some alarming aspects of the legacies of judicial review and of John Marshall. ; ...were to speak about the legacy of judicial review in general, and the legacy of Chief...version. I begin with the legacy of judicial review, and follow that with some consideration...the legal academy on these matters. JUDICIAL REVIEW: ORIGINALLY REPUBLICAN, NOT DEMOCRATIC...

For more facts and information, see all results