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No Day in CourtAccess to Justice and the Politics of Judicial Retrenchment$
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Sarah Staszak

Print publication date: 2015

Print ISBN-13: 9780199399031

Published to Oxford Scholarship Online: January 2015

DOI: 10.1093/acprof:oso/9780199399031.001.0001

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Changing the Venue

Changing the Venue

The Quasi-Judicial Realm of the Administrative State

(p.118) 5 Changing the Venue
No Day in Court

Sarah Staszak

Oxford University Press

This chapter examines the growth of the administrative state (and particularly agency adjudication) as a mechanism for moving the resolution of political, legal, and policy disputes away from the courts. The growth and development of administrative agencies with their own internal apparatus for dispute resolution has, in effect, led to a change in venue for individuals and groups pursuing various would-be legal claims. In response to the fear that agencies perform core judicial functions without providing due process guarantees, Congress passed the Administrative Procedure Act (APA) in 1946 with the goal of establishing guidelines for agency rulemaking and adjudication. But agencies were nonetheless left with appreciable discretion; and although courts provided an important watchdog role over agency adjudication for much of the 1950s and 60s, increased deference to administrative rulings and diminished opportunities for judicial review have left many wary about the quality of rights protection that agencies provide.

Keywords:   access to courts, retrenchment, administrative law, New Deal, Chevron deference, statutory preclusion, Administrative Procedure Act

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