Administrative Law Treatise, Volume 3Little, Brown, 1994 - 3 pages |
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Page 133
... Second Circuit noted that courts regu- larly review agency decisions approving utility rate increases notwith- standing all of the policy reasons for disfavoring review recounted by the First Circuit in Hahn . Thus , while the Second ...
... Second Circuit noted that courts regu- larly review agency decisions approving utility rate increases notwith- standing all of the policy reasons for disfavoring review recounted by the First Circuit in Hahn . Thus , while the Second ...
Page 149
Kenneth Culp Davis, Richard J. Pierce. assigned ? The second situation is far more common than the first . In the second situation , the agency must engage in selective enforcement , allocating its limited resources in accordance with a ...
Kenneth Culp Davis, Richard J. Pierce. assigned ? The second situation is far more common than the first . In the second situation , the agency must engage in selective enforcement , allocating its limited resources in accordance with a ...
Page 239
... second guess " the political , social , and economic judgments of an agency exercising its regulatory function . It was precisely this sort of judicial intervention in policy - making that the discretionary function exception was ...
... second guess " the political , social , and economic judgments of an agency exercising its regulatory function . It was precisely this sort of judicial intervention in policy - making that the discretionary function exception was ...
Contents
The Administrative Process | 1 |
Philosophical and Constitutional Foundations | 33 |
Chapter 16 | 57 |
Copyright | |
51 other sections not shown
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absolute immunity administrative law administrative law judges advisory committee agency action agency discretion agency rules agency's alleged Amendment apply authority basis Bivens challenge circuit court claim conduct Congress constitutional rights context Court held court review create D.C. Cir damages decisionmaking Defenders of Wildlife Delaney Clause determine discretionary function exception dissenting district court doctrine due process effect Eleventh Amendment enforcement federal agency federal courts FTCA holding individual infra injunction injury intentional torts interests interpretation issue judicial review jurisdiction Justices liability limit majority ment negotiated rulemaking officer Overton Park party person petitioner plaintiff potential President presumption of reviewability principal opinion private right procedures proceeding prosecutor public employees qualified immunity question reasons record regulation remedy reviewing court right of action rulemaking scope Sierra Club sovereign immunity standing standing law Stat statute supra Supreme Court tion United unreviewable violation Yick Wo