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Substantial Evidence Reconsidered: The Post-Duke City Difficulties and Some Suggestions for Their Resolution

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Please use this identifier to cite or link to this item: http://hdl.handle.net/1928/7008

Substantial Evidence Reconsidered: The Post-Duke City Difficulties and Some Suggestions for Their Resolution

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Title: Substantial Evidence Reconsidered: The Post-Duke City Difficulties and Some Suggestions for Their Resolution
Author: Browde, Michael
Abstract: This article attempts to clarify what the new Duke City standard means, and to suggest how it ought to be applied to meet the purposes for which it was designed. It begins with a description of the current debate, followed by a review of the Duke City litigation. It then reviews the post-Duke City substantial evidence cases in search of further understanding of the Duke City standard. The article then turns to the recent court of appeals decisions on the subject, demonstrating how those opinions help clarify the Duke City standard, while at the same time adding a new element which may significantly undermine the purpose of the substantial evidence standard. It then reviews the federal origins of the whole record substantial evidence standard, for what that history may offer to our understanding of the New Mexico debate. The article concludes with some suggestions for bringing the current debate to a close in a way which may further the purposes of the substantial evidence standard, lead to more principled resolution of substantial evidence cases, and reduce some of the unnecessary burden these cases place on our appellate courts.
Date: 1988
Publisher: University of New Mexico School of Law
Citation: 18 N.M. L. Rev. 525 (1988)
URI: http://hdl.handle.net/1928/7008


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