Main Title |
Federal standards of review : review of district court decisions and agency actions / |
Author |
Edwards, Harry T.
|
Other Authors |
|
Publisher |
Thomson West, |
Year Published |
2007 |
OCLC Number |
181099293 |
ISBN |
9780314188090 (pbk. : alk. paper); 0314188096 (pbk. : alk. paper) |
Subjects |
Appellate procedure--United States ;
Law and fact--United States ;
Judicial review of administrative acts--United States ;
Appellate courts--United States--Rules and practice ;
Judgments--United States ;
District courts--United States ;
Actions and defenses--United States
|
Holdings |
Library |
Call Number |
Additional Info |
Location |
Last Modified |
Checkout Status |
EJCM |
APPELLATE LAW |
|
Law Library/Washington,DC |
08/08/2012 |
|
Collation |
xix, 237 p. ; 25 cm. |
Notes |
Includes index. |
Contents Notes |
pt. 1. Review of district court decisions. The fundamentals: constitutional considerations; the four principal standards of review; and the fact/law paradigm -- Clearly erroneous review of judicial factfinding -- De novo review of conclusions of law: a sampling of substantive standards -- Review of findings and conclusions supporting Rule 52 judgments of civil bench trials: clearly erroneous review, de novo review, and the "mixed question" conundrum -- Decisions committed to a district judge's discretion: giving meaning to the variable abuse of discretion standard -- Preserving, forfeiting, and waiving error: how a party's actions before the trial court can affect or preclude appellate review -- The harmless error doctrine: limiting the remedial response to preserved factual, legal, and discretionary error -- Plain error review: assessing and remedying unpreserved error. pt. 2. Review of agency actions. What are administrative agencies? -- The principal framework for review of agency decisions -- Threshold jurisdictional and prudential limitations on judicial review -- The presumption of reviewability and its exceptions -- The deference due an agency's construction of its authorizing statute -- The deference due an agency's interpretation of its own regulations -- The requirement of reasoned decisionmaking: arbitrary and capricious review under the APA -- Factual determinations made in on-the-record proceedings: substantial evidence review -- Comparing and contrasting the principal standards of review. |
Place Published |
St. Paul, Minn. |
Alternate Title |
Review of district court decisions and agency actions |
PUB Date Free Form |
c2007 |
BIB Level |
m |
Cataloging Source |
OCLC/T |
LCCN |
2008273117 |
OCLC Time Stamp |
20090114170725 |
Language |
eng |
Origin |
OCLC |
Type |
CAT |
OCLC Rec Leader |
02901cam 22003974a 45020 |