Yates V U S Impact on Administrative Law Peer Response

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Response 1

Case: Citizens to preserve Overton Park v. Volpe

This particular case was decided by the US Supreme Court. In essence, as Cann (2005) points out, the said court “clarified the guidelines for judicial review of discretionary agency actions” (153). It therefore follows that this is a case of great relevance in the realm of administrative law as it underlines the relevance of judicial controls (as opposed to political controls) over all those considerations as well as decisions that have an impact on the interests of the larger community. Thus, to a large extent, Citizens to preserve Overton Park v. Volpe could be considered the dawn of a new era in as far as American administrative law is concerned. In my opinion, there is need for courts to retain an oversight role over various administrative actions. This is the only way to ensure that Constitutional provisions are not ignored.

Response 2

Case: . Yates v. U.S.

This is yet another case of great relevance to administrative law. The primary issue was whether ‘18 U.S.

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Code §?1519. Destruction, alteration, or falsification of records in Federal investigations and bankruptcy’ applied to either fish concealment or destruction – especially given that the terms ‘tangible object’ could be applied to fish from a dictionary definition perspective. In this case, the U.S. Supreme Court came to the conclusion that “the term ‘tangible object’ that appeared in §?1519 covered only objects that were used to record or preserve information, not all objects in the physical world, and did not include fish” (Duffy and Herz, 2005, p. 306). Thus, from an administrative law perspective, this means that the government and its various agencies are limited in their interpretation of statutes. This is more so the case when it comes to broad interpretation of statuses (as had happened with regard to anti-shredding statute - 18 U.S.C § 1519).
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