ABSTRACT

In this chapter, authors report on an empirical study of some broad trends in federal administrative law that was recently concluded. They believe that the study provides some important and intriguing new perspectives on a number of issues: the changing style of appellate decisions in administrative law; the evolution of administrative law since the mid-1960s; the patterns of remands to administrative agencies; and the effects of the Supreme Court's Chevron decision. Authors undertook a large-scale empirical study of how federal agency actions fare when they are directly reviewed by appellate courts. They describe the general parameters of judicial review of federal administrative action. Authors reveal some of the dynamic patterns of administrative law by gathering these kinds of data for cases decided over a period of time that would bracket the two decades, 1965 to 1985, during which judicial review of agency action, by most accounts, experienced transformative conceptual and doctrinal changes.