October 30, 2013 Committee Meeting

The Committee on Judicial Review is examining the judicial remedy of remand without vacatur, which returns an agency decision for further consideration while permitting it to remain in place.  Judicial application of this technique spans substantive areas of law ranging from regulation of interstate air pollution to telecommunications auctions to alien worker wage and visa rules.  The remedy has been used with more than twenty-five cabinet level and independent agencies and is commonplace in certain administrative contexts, yet has also garnered criticism both in theory and application.  Stephanie Tatham, Staff Counsel to the Committee on Judicial Review, is serving as an in-house researcher for this project, which synthesizes and updates existing empirical and theoretical studies and offers recommendations for improved application of the remedy.