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- Title
Rationalizing the Administrative Record for Equitable Constitutional Claims.
- Authors
CURREY, BRADEN
- Abstract
This Note attempts to resolve the uncertain scope of evidentiary review for constitutional claims against agencies. It examines the conventional rules under the Administrative Procedure Act, concluding that they stem from traditional rules of relevancy for discovery, rather than a statutory mandate. It then traces the divergent approaches of lower courts and proposes that the scope of evidentiary review for constitutional claims against agencies should be determined by the decision rules for a particular claim, consonant with its reading of the principles underlying the scope of review in administrative litigation.
- Subjects
ADMINISTRATIVE procedure; STATUTORY interpretation; CONSTITUTIONAL law; RELEVANCE (Evidence); EVIDENTIARY hearings
- Publication
Yale Law Journal, 2024, Vol 133, Issue 6, p2017
- ISSN
0044-0094
- Publication type
Article