Administrative Law Treatise, Volume 3Little, Brown, 1994 - 3 pages |
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Page 191
... create a private right of action . The statute authorized district court actions against Amtrak based on alleged viola- tions of the Act , but seemed to qualify that grant of judicial jurisdiction with the phrase " upon petition of the ...
... create a private right of action . The statute authorized district court actions against Amtrak based on alleged viola- tions of the Act , but seemed to qualify that grant of judicial jurisdiction with the phrase " upon petition of the ...
Page 192
... create a private right of action because there is insufficient evidence of congressional intent to create such a right . In the process of reaching this conclusion , the majority emphasized ( 1 ) the difficulty federal courts would ...
... create a private right of action because there is insufficient evidence of congressional intent to create such a right . In the process of reaching this conclusion , the majority emphasized ( 1 ) the difficulty federal courts would ...
Page 193
... create a private right of action even though Congress did not explicitly create such a right in the language of the statute . Id . at 717. It urged Congress to specify in the statute its intent to create such a right in the future . Id ...
... create a private right of action even though Congress did not explicitly create such a right in the language of the statute . Id . at 717. It urged Congress to specify in the statute its intent to create such a right in the future . Id ...
Contents
The Administrative Process | 1 |
Philosophical and Constitutional Foundations | 33 |
Chapter 16 | 57 |
Copyright | |
51 other sections not shown
Common terms and phrases
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