San Diego Law Review

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"No Law to Apply"

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In this Article, Professor Davis addresses the issue of the courts' discretion in review of administrative action when it has "no law to apply." Yet agencies err more frequently in exercising discretion than in finding facts or applying law, and exercise of judicial discretion is needed to correct agencies' abuse of discretion. The author traces the history of this principle through case law and refutes its basic assumption. Judicial review of agency discretion is clearly appropriate whether or not a question of law is also involved and reviewing courts have responsibility not only to apply law but also to exercise appropriate judicial discretion.

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