Science in the Modern Administrative State: Examining Peer Review Panels and the Federal Advisory Committee Act
Gregory Morrison · October 2014 82 GEO. WASH. L. REV. 1654 (2014) The use of science is integral to the modern administrative state. Scientific studies conducted by government agencies ought to be subject to peer review by external experts. The government’s current use of such outside experts, however, is subject to many constraints—notably the Federal Advisory Committee... Read More
Presidential Influence Over Agency Rulemaking Through Regulatory Review
Peter Ketcham-Colwill · October 2014 82 GEO. WASH. L. REV. 1622 (2014) Under Executive Order 12,866, the Office of Information and Regulatory Affairs (“OIRA”) is responsible for ensuring that regulatory actions taken by federal agencies are consistent with the President’s priorities and do not conflict with the policies or actions of another agency. Although issued by... Read More
The Ordinary Remand Rule and the Judicial Toolbox for Agency Dialogue
Christopher J. Walker · October 2014 82 GEO. WASH. L. REV. 1553 (2014) When a court concludes that an agency’s decision is erroneous, the ordi- nary rule is to remand to the agency to consider the issue anew (as opposed to the court deciding the issue itself). Although the Supreme Court first articulated this ordinary remand rule... Read More
Administrative War
Mariano-Florentino Cuéllar · October 2014 82 GEO. WASH. L. REV. 1343 (2014) This Article takes up an issue with major implications for American administrative law, political development, and security studies: what happened to the American administrative state during and immediately after World War II, and what were the consequences of this period? As the Roosevelt Administration rushed... Read More
Chevron and Legislative History
John F. Manning · October 2014 82 GEO. WASH. L. REV. 1517 (2014) The Court’s decision in Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc. presupposes that when Congress leaves indeterminacy in an organic act, that indeterminacy reflects an implicit delegation of power to the agency to fill in the details of statutory meaning. Accordingly, a... Read More
Why Who Does What Matters: Governmental Design and Agency Performance
David A. Hyman & William E. Kovacic · October 2014 82 GEO. WASH. L. REV. 1446 (2014) How should the federal government be organized—and who (i.e., which departments, agencies, bureaus, and commissions) should do what? The issue is not new: President James Madison addressed governmental organization in his 1812 State of the Union Address, and, in the... Read More
The Puzzle of Class Actions with Uninjured Members
Joshua P. Davis, Eric L. Cramer, and Caitlin V. May · May 2014 82 GEO. WASH. L. REV. 858 (2014) A puzzle has developed regarding class action doctrine. A number of recent judicial decisions have reaffirmed that classes may be certified under Federal Rule of Civil Procedure 23(b)(3) even if they contain members who have... Read More
Classwide Recoveries
Joshua P. Davis · May 2014 82 GEO. WASH. L. REV. 890 (2014) Classwide recoveries can have important advantages over individual recoveries. They can, for example, allow plaintiffs to pursue litigation when individual actions would be uneconomical, and they can make possible a statistical approach that is often not feasible in ordinary litigation. This Article... Read More
Class Actions and Access to Justice
Roger H. Trangsrud · May 2014 82 GEO. WASH. L. REV. 595 (2014) Class actions serve a vital role: they facilitate the adjudication of rights that would never see the inside of a courtroom if there were not an effective mechanism to aggregate small-value claims. However, the power of the class action also leads to... Read More
Fact Determination in Rule 23 Class Actions
Geoffrey C. Hazard, Jr. · May 2014 82 GEO. WASH. L. REV. 990 (2014) Considerable complication and difficulty has been experienced in Rule 23 litigation because of uncertainty about the authority of the court to make fact determinations, particularly in connection with the issue of class certification. The assumption has been that the Supreme Court’s... Read More