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An Outcomes Analysis of Scope of Review Standards

Paul R. Verkuil

Cardozo Law School

William & Mary Law Review, Vol. 68, p. 679, 2002

This article raises a question that is rarely asked: Do outcomes (reversal/affirmance/remand rates) on appeal from administrative decisions bear a predictable relationship to the relevant scope of review standard? It turns out that the answer is both yes and no and that in two very active review systems (district court review over Social Security disability and FOIA decisions) the results run counter to what one might surmise based on the relative intensity of the review standards. While conclusions are carefully and necessarily hedged, the subject yields hypotheses worthy of further analysis.

Number of Pages in PDF File: 85

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Date posted: January 30, 2003  

Suggested Citation

Verkuil, Paul R., An Outcomes Analysis of Scope of Review Standards. William & Mary Law Review, Vol. 68, p. 679, 2002. Available at SSRN: https://ssrn.com/abstract=373561 or http://dx.doi.org/10.2139/ssrn.373561

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Paul Verkuil (Contact Author)
Cardozo Law School ( email )
55 Fifth Ave.
New York, NY 10003
United States
212-790-0310 (Phone)
212-790-0203 (Fax)

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