Event Title
Judicial Review of Rulemaking: New Patterns and New Problems
Location
Duke Law School
Start Date
30-1-1981 11:30 AM
End Date
30-1-1981 12:30 PM
Description
The principles that govern judicial power in reviewing challenged administrative rules have never been fully resolved or established. Recent regulatory statutes, particularly the post-1970 pollution control efforts, display differences and contradictions regarding the availability and scope of judicial review that have taxed the analytical capacities of scholars, lawyers, and judges. This article discusses the various statutory patterns of rulemaking review and concludes that the regulatory legislation reflects five distinct patterns. Once these patterns are identified and described, it is possible to explore and appraise the serious problems that confront judges called upon to review rules adopted under legislation that requires judicial review pursuant to one of these five patterns. The article focuses on statutes providing for pre-enforcement review of rules and the problems these statutes create concerning the availability of additional review in enforcement proceedings.
Related Paper
Frederick Davis, Judicial Review of Rulemaking: New Patterns and New Problems, 1981 Duke Law Journal 279-308 (1981)
Available at: http://scholarship.law.duke.edu/dlj/vol30/iss2/3Judicial Review of Rulemaking: New Patterns and New Problems
Duke Law School
The principles that govern judicial power in reviewing challenged administrative rules have never been fully resolved or established. Recent regulatory statutes, particularly the post-1970 pollution control efforts, display differences and contradictions regarding the availability and scope of judicial review that have taxed the analytical capacities of scholars, lawyers, and judges. This article discusses the various statutory patterns of rulemaking review and concludes that the regulatory legislation reflects five distinct patterns. Once these patterns are identified and described, it is possible to explore and appraise the serious problems that confront judges called upon to review rules adopted under legislation that requires judicial review pursuant to one of these five patterns. The article focuses on statutes providing for pre-enforcement review of rules and the problems these statutes create concerning the availability of additional review in enforcement proceedings.
Comments
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