[LAW-LIB:56866] APA

From: Janto, Joyce (jjanto@richmond.edu)
Date: Thu Oct 02 2008 - 11:22:23 PDT

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    We have a question regarding the APA Act. We have consulted the Code,
    the CFR, both the Schwartz and Pierce treatises on Administrative law
    and Administrative Law and Process in a Nutshell. The question - a
    federal court reviews an agency decision and reverses. Is the agency
    then bound to use the court decision as precedent? Two rational
    arguments have been advanced: first, yes, higher authority controls;
    second, no, matter of constitutional law, separation of powers.

     

    Does anyone have a definitive answer?

     

    TIA -

     

    Joyce Manna Janto

    Deputy Director

    University of Richmond

    Law School Library

    Richmond, VA 23173

    jjanto@richmond.edu

    voice: 804-289-8223

    fax: 804-289-8683

     

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