Event Title
Ex Parte Communications in Off-the-Record Administrative Proceedings: A Proposed Limitation on Judicial Innovation
Location
Duke Law School
Start Date
15-2-1980 10:30 AM
End Date
15-2-1980 11:30 AM
Description
This Article will examine the validity of the District of Columbia Circuit's approach to ex parte communications in off-the-record proceedings. It begins with a theoretical discussion of the compatability of ex parte communications with the judicial and legislative models of decisionmaking that underlie the administrative system. The Article argues that although a judicial model of decisionmaking requires the prohibition of ex parte communications, this model should rarely be applied to off-the-record agency proceedings due to the distinctive purposes of administrative action. Following this overview of the problem, the Article reviews the court's changing approach to ex parte communications in off-the-record proceedings, identifying the analytical themes and distinctions that have been relied upon by the court to determine the resolution of particular cases.
Related Paper
Glenn T. Carberry, Ex Parte Communications in Off-the-Record Administrative Proceedings: A Proposed Limitation on Judicial Innovation, 1980 Duke Law Journal 65-102 (1980)
Available at: http://scholarship.law.duke.edu/dlj/vol29/iss1/2Ex Parte Communications in Off-the-Record Administrative Proceedings: A Proposed Limitation on Judicial Innovation
Duke Law School
This Article will examine the validity of the District of Columbia Circuit's approach to ex parte communications in off-the-record proceedings. It begins with a theoretical discussion of the compatability of ex parte communications with the judicial and legislative models of decisionmaking that underlie the administrative system. The Article argues that although a judicial model of decisionmaking requires the prohibition of ex parte communications, this model should rarely be applied to off-the-record agency proceedings due to the distinctive purposes of administrative action. Following this overview of the problem, the Article reviews the court's changing approach to ex parte communications in off-the-record proceedings, identifying the analytical themes and distinctions that have been relied upon by the court to determine the resolution of particular cases.
Comments
This event was not recorded.