Article by Paul R. Verkuil
One of the persistent questions of judicial review is whether and when Congress may preclude or severely restrict access to the courts by those who seek to challenge the validity of administrative action. This issue invokes a rich but perplexing jurisprudence. In its larger context, the problem of legislative usurpation of judicial power is front page material, and the Supreme Court has recently insisted that it and not Congress has the last word in interpreting article III. The literature and decisions dealing with the broad issues overlook, however, the important question of how far Congress can go in regulating the timing or scope of judicial review of administrative rules of general applicability. This study is intended to build the necessary theoretical bridge between the jurisprudence of article III and the problem at hand.
About the Author
Paul R. Verkuil. Dean and Professor of Law, Tulane Law School.
Citation
57 Tul. L. Rev. 733 (1983)