Petition of the day

By Maureen Johnston
on May 23, 2014 at 10:14 pm

The petition of the day is:

Issue: Whether the proper standard of appellate review after the United States Court of International Trade reviews an agency determination, finding, or conclusion for substantial evidence under 19 U.S.C. § 1516a is a judicially created standard, under which the Federal Circuit undertakes de novo review of the administrative determination (but with an undefined degree of “due respect” to the decision of the Trade Court)—unless the Trade Court remands for further explanation, in which case the Federal Circuit reviews for abuse of discretion.