Agencies and courts have generally been understood to relate in two primary ways. First, judicial review of agency action under the Administrative Procedure Act is the cornerstone of the agency-court relationship. Second, and more recently, scholars have identified how agencies act as litigation gatekeepers, influencing which suits may proceed in federal court. But we have yet to recognize a third critical and emerging relationship between agencies and courts: agencies acting as litigation rulemakers
Litigation is usually thought to signal a breakdown of social relationships. Game theorists predict,...
Students of the American federal administrative legal process have long debated the question of whet...
Much of the news surrounding the Trump Administration’s first year in office has focused on Presiden...
Agencies and courts have generally been understood to relate in two primary ways. First, judicial re...
Full-text available at SSRN. See link in this record.In this Article, we argue that the Supreme Cour...
The purpose of this article is to advance understanding of the role that federal court rulemaking ha...
When a private individual or organization sues a government agency—and wins—what happens next? For ...
The codification of the Federal Rules of Civil Procedure in 1938 (the “Federal Rules”) created not o...
Courts reviewing agency actions frequently offer more than a positive analysis of the agencies decis...
In Deference and Dialogue in Administrative Law, Emily Meazell takes up the topic of serial administ...
The procedural rules governing civil cases in federal court rest on the principle of trans-substanti...
The limits which courts place on the powers of administrative tribunals have particular significance...
Statements made in the course of litigation have a certain heft. Because they are often made under o...
Part II of the Article outlines the procedures required by the APA for agency adjudications. Part II...
The two papers we have before us tell both descriptive and normative stories about current issues of...
Litigation is usually thought to signal a breakdown of social relationships. Game theorists predict,...
Students of the American federal administrative legal process have long debated the question of whet...
Much of the news surrounding the Trump Administration’s first year in office has focused on Presiden...
Agencies and courts have generally been understood to relate in two primary ways. First, judicial re...
Full-text available at SSRN. See link in this record.In this Article, we argue that the Supreme Cour...
The purpose of this article is to advance understanding of the role that federal court rulemaking ha...
When a private individual or organization sues a government agency—and wins—what happens next? For ...
The codification of the Federal Rules of Civil Procedure in 1938 (the “Federal Rules”) created not o...
Courts reviewing agency actions frequently offer more than a positive analysis of the agencies decis...
In Deference and Dialogue in Administrative Law, Emily Meazell takes up the topic of serial administ...
The procedural rules governing civil cases in federal court rest on the principle of trans-substanti...
The limits which courts place on the powers of administrative tribunals have particular significance...
Statements made in the course of litigation have a certain heft. Because they are often made under o...
Part II of the Article outlines the procedures required by the APA for agency adjudications. Part II...
The two papers we have before us tell both descriptive and normative stories about current issues of...
Litigation is usually thought to signal a breakdown of social relationships. Game theorists predict,...
Students of the American federal administrative legal process have long debated the question of whet...
Much of the news surrounding the Trump Administration’s first year in office has focused on Presiden...