Reviewing Agency Action for Inconsistency with Prior Rules and Regulations

72 Chicago-Kent Law Review #4 (1997)

Posted: 8 May 1997

Abstract

In various contexts, Congress and courts have directed that agency action be unreviewable to prevent judicial second guessing of certain discretionary administrative acts. Yet, when agencies tie their own hands through regulations or directives, then the courts have exercised review despite the discretionary resource questions otherwise involved. This paper explores the costs of predicating review on the agency's failure to comply with prior rules and directives, and suggests alternative approaches to minimize such costs.

JEL Classification: K23

Suggested Citation

Krent, Harold J., Reviewing Agency Action for Inconsistency with Prior Rules and Regulations. 72 Chicago-Kent Law Review #4 (1997), Available at SSRN: https://ssrn.com/abstract=10432

Harold J. Krent (Contact Author)

Chicago-Kent College of Law ( email )

565 West Adams St.
Chicago, IL 60661
United States
312-906-5397 (Phone)
312-906-5280 (Fax)

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