An Outcomes Analysis of Scope of Review Standards

85 Pages Posted: 30 Jan 2003  

Paul R. Verkuil

Cardozo Law School

Abstract

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.

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

Paul Verkuil (Contact Author)

Cardozo Law School ( email )

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