Choice of Forum (Documents)

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The Administrative Conference of the United States has long had an interest in forum allocation in administrative cases. In Recommendation No. 75-3, “The Choice of Forum for Judicial Review of Administrative Action” (1975), the Conference stated criteria for determining the appropriate judicial forum for the review of final administrative action....

Many agency actions subject to direct review in the courts of appeals involve more than one private party that may legitimately consider itself aggrieved by the agency action. In most such cases, a single court of appeals is not specified by statute as the reviewing court, and venue may lie in more than one such court. Many lawyers believe that one court of appeals is likely...

This recommendation states criteria for use by the Congress in determining the appropriate forum for judicial review of federal administrative action.

The present forum for the review of most agency actions taken on formal evidentiary records is the court of appeals under specific statutory provisions. There are some exceptions. An important one...

On February 11, 2013, the House of Delegates of the American Bar Association (ABA) adopted Resolution 300, urging Congress to implement Conference Recommendation 2012-6.  The resolution was offered by the ABA's Section of Public Contract Law and co-sponsored by the Section of Administrative Law and Regulatory Practice.  

This document includes the final resolution as adopted, followed...

This is the final version of Emily S. Bremer and Jonathan R. Siegel's Section 1500 Report, as published in the Alabama Law Review in October 2013.