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An Article I, Section 7 Perspective on Administrative Law Remedies |
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Boris Bershteyn [View as PDF]
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114 Yale L.J. 359 (2004)
By applying game-theoretic analysis to the bicameralism and presentment requirements of Article I, Section 7, scholars have recommended reforms in constitutional law, statutory interpretation, and the Chevron doctrine. This Note builds on this work and explores whether Article I, Section 7 can inform remedial choice in administrative law--the choice between vacating defective agency action and remanding it without vacatur. It argues that, from the perspective of the sequential structure of Article I, Section 7, vacatur should be the presumptive administrative law remedy. Accordingly, the Note offers a reason to question the recent judicial trend away from the vacatur remedy.
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