Note:
Janine Oldemeyer Hill, The Future of Judicial Review Under
the Administrative Procedure and Texas Register Act, 57
Texas L. Rev. 253 (1979).
Abstract:
In “The Future of Judicial Review Under the Administrative
Procedure and Texas Register Act”, Janine Oldemeyer Hill
describes the types of judicial review of agency action
available: true trial de novo, review of agency record with
substantial evidence test, and trial de novo with substantial
evidence test. She then explores the manner in which a court
determines the types of review appropriate in a particular case.
Hill uses a Texas Supreme Court case construing the judicial
review provisions of the Administrative Procedure and Texas
Register Act to illustrate the trend toward greater judicial
deference to agency decisions. Hill concludes by proposing ways
in which a judicial posture less deferential to agency decisions
could be implemented without overburdening the courts.