Sovereign ImmunityU.S. Government Printing Office, 1970 - 257 pagini |
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62 Stat abolition of sovereign Administrative Conference Administrative Law Administrative Procedure Act agency action American Bar Association amount in controversy applicable authority brought Chairman WILLIAMS challenging civil action Congress Court of Claims D.C.Cir decisions declaratory judgment defense of sovereign Department of Justice dismissed district courts doctrine of sovereign effect eliminate employee F.Supp federal administrative action federal courts federal officers federal question Federal Rules Federal Tort Claims government lawyers governmental indispensable party injunction injustice involved judicial review jurisdictional amount KENNETH CULP DAVIS legislative limited litigation mandamus matter ment merits monetary relief money damages nonstatutory review officer or agency official capacity official title parties defendant plaintiff problem Professor Cramton Professor Davis quiet title remedy requirement review of federal Senator KENNEDY service of process sovereign immunity barred sovereign immunity doctrine specific relief statute sued Supreme Court Tort Claims Act Tucker Act United States Attorney United States Code venue
Pasaje populare
Pagina 156 - The reviewing court shall — (1) compel agency action unlawfully withheld or unreasonably delayed; and (2) hold unlawful and set aside agency action, findings, and conclusions found to be — (A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (B) contrary to constitutional right, power, privilege, or immunity; (C) in excess of statutory jurisdiction, authority, or limitations, or short of statutory right...
Pagina 156 - In making the foregoing determinations, the court shall review the whole record or those parts of it cited by a party, and due account shall be taken of the rule of prejudicial error.
Pagina 36 - For the purpose of this chapter — (1) "agency" means each authority of the Government of the United States, whether or not it is within or subject to review by another agency...
Pagina 8 - The form of proceeding for judicial review shall be any special statutory review proceeding relevant to the subject matter in any court specified by statute or, in the absence or inadequacy thereof, any applicable form of legal action (including actions for declaratory judgments or writs of prohibitory or mandatory injunction or habeas corpus) in any court of competent jurisdiction.
Pagina 7 - A person suffering legal wrong because of agency action, or adversely affected or aggrieved by agency action within the meaning of a relevant statute, is entitled to judicial review thereof.
Pagina 177 - In subdivision (a) of this rule. (d) Public officers; death or separation from office. (1) When a public officer is a party to an action in his official capacity and during its pendency dies, resigns, or otherwise ceases to hold office, the action does not abate and his successor is automatically substituted as a party.
Pagina 204 - States, may, except as otherwise provided by law, be brought in any judicial district in which: (1) a defendant in the action resides, or (2) the cause of action arose, or (3) any real property involved in the action is situated, or (4) the plaintiff resides if no real property is involved in the action.
Pagina 238 - The district courts shall have original jurisdiction of any civil action authorized by law to be commenced by any person: (3) To redress the deprivation, under color of any State law, statute, ordinance, regulation, custom or usage, of any right, privilege or immunity secured by the Constitution of the United States...
Pagina 193 - A civil action in which each defendant is an officer or employee of the United States or any agency thereof acting in his official capacity or under color of legal authority, or an agency of the United States...
Pagina 155 - To the extent necessary to decision and when presented, the reviewing court shall decide all relevant questions of law, interpret constitutional and statutory provisions, and determine the meaning or applicability of the terms of an agency action.