Topic
Agency Adjudication
Posts
-
ArticleVol. 103 · Iss. 4
Bypassing Agency Adjudication
This Article examines the contested practice of bypassing agency adjudication to accelerate judicial review of non-final executive action. Parties typically challenge final action under…
Brian M. Lipshutz -
CommentaryVol. 102 · Iss. 4
The 14th Circuit
2025 will mark the fifteenth anniversary of Professor Stephen Legomsky’s landmark article proposing “radical surgery” on American immigration adjudication. Professor Legomsky argued for creating…
Jayanth K. Krishnan -
CommentaryVol. 102 · Iss. 3
Grading Patents
In this Article, we offer a new design for our patent system with a view to optimize its functioning. As multiple patent scholars have…
Roy Baharad & Gideon Parchomovsky -
CommentaryVol. 101 · Iss. 5
When Jurisdiction Stripping Raises Factual Questions
Courts apply a strong presumption in favor of judicial review of government action. When they apply that presumption, they silently presume that they can…
David K. Hausman -
NoteVol. 99 · Iss. 4
Combating Exclusion & Achieving Affordable Housing: The Case for Broad Adoption of Housing Appeals Statutes
Introduction The United States has a serious affordable housing problem, and by nearly every measure the problem is worsening. Across the country, counties and…
Bob Neel -
ArticleVol. 99 · Iss. 2
The Rediscovered Stages of Agency Adjudication
ABSTRACT Modern administrative law understands the Administrative Procedure Act (APA) to establish an informal and a formal procedural mode of two types of agency…
Emily S. Bremer -
NoteVol. 88 · Iss. 4
Sweet Dreams Aren’t Made of These: How the VA’ s Disability Compensation Program Leaves Veterans Alone in the Nightmare of Posttraumatic Stress Disorder
Posttraumatic stress disorder (PTSD) already afflicts a large number of veterans, and these numbers are only rising with the wars in Iraq and Afghanistan.…
Alexandra S. Haar -
Online2021
A Matter of “Principal”: A Critique of the Federal Circuit’s Decision in Arthrex v. Smith & Nephew, Inc.
Abstract The Supreme Court recently granted certiorari in United States v. Arthrex. In that case, the Court of Appeals for the Federal Circuit held that administrative…
Patrick J. Sobkowski -
ArticleVol. 94 · Iss. 3
Judging Aggregate Settlement
While courts historically have taken a hands-off approach to settlement, judges across the legal spectrum have begun to intervene actively in “aggregate settlements”—repeated settlements…
David M Jaros & Adam S. Zimmerman -
NoteVol. 94 · Iss. 2
Crossed Wires: Outdated Perceptions of Electronic Communications in the NLRB’s Purple Communications Decision
The National Labor Relations Board (the NLRB or the Board) has recently emphasized the need to adjust to the rapid pace of change in…
Harrison C. Kuntz -
ArticleVol. 96 · Iss. 5
Second-Best Criminal Justice
Criminal procedure reform can be understood as a “second-best” enterprise. The general theory of second best applies where an ingredient necessary for a “first-best”…
William Ortman -
ArticleVol. 96 · Iss. 2
When Shadow Removals Collide: Searching for Solutions to the Legal Black Holes Created by Expedited Removal and Reinstatement
Immigration scholarship has begun to explore the prominence of shadow removals—deportations that are executed by front-line agency officials acting outside the presence of an…
Jennifer Lee Koh