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Rules and practice
|All Authors / Contributors:||
Harry T Edwards; Linda A Elliott; Marin K Levy
|Description:||xxvi, 247, 17, 13 pages ; 25 cm|
|Contents:||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.
|Other Titles:||Review of district court decisions and agency actions|
|Responsibility:||Harry T. Edwards, Senior Circuit Judge, U.S. Court of Appeals for the D.C. Circuit, Professor of Law, New York University School of Law ; Linda A. Elliott, Professor of Law, Affiliated Transnational Faculty, University of Peking School of Transnational Law, Adjunct Professor of Law, New York University School of Law ; Marin K. Levy, Associate Professor, Duke University School of Law.|
- 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.
- Actions and defenses.
- Appellate courts.
- Appellate procedure.
- District courts.
- Judicial review of administrative acts.
- Law and fact.
- United States.