The year in judicial review, 1997-1998

Article Abstract:

Several important cases dealing with judicial review of decisions by administrative agencies emerged from the federal courts in the 1997-1998 term. City of Chicago v. International College of Surgeons concerned the ability of litigants to seek federal review of state agency decisions. Other important cases dealt with ripeness, the scope of judicial review, the reasoned decisionmaking requirement, the standard of review for determinations of patentability, and judicial remedies.

Surveys

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The end of judicial deference to FCC policymaking in the affirmative action debate

Article Abstract:

The US Court of Appeals for the DC Circuit, in Lutheran Church-Missouri Synod v. FCC, ruled that the FCC's equal employment opportunity and affirmative action policies were unconstitutional under the 5th amendment's inherent equal protection clause. The Court's ruling that preferential hiring programs by federal administrative agencies must be subjected to strict scrutiny should profoundly influence the tailoring of such programs to ensure constitutional compliance.

Employment discrimination, Case Note

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Paradoxes of racial stereotypes, diversity and past discrimination in establishing affirmative action in FCC broadcast licensing

Article Abstract:

The racial stereotypes operating in US society and the Supreme Court's affirmative action jurisprudence regarding FCC licensing are discussed. Aggrieved parties could be precluded from obtaining a remedy if courts continue allowing racial stereotypes to become more entrenched.

Licensing agreements, Television stations, Radio stations

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