Applied Sciences homework help.
ESSAY ON SECTION 4: JUDICIAL REVIEW (Due 5 pm, May 6)
Essays should be 4-6 double-spaced pages. They should be written using only lectures and reading materials provided on Moodle. Identify the sources for specific facts, concepts, and quotes by simple parenthetical references. Since you are only to use class materials, the instructor should easily be able to identify the source.
For the essays, you cannot “cut and paste”. Use the materials from class only and be sure to provide a simple reference, such as (Powerpoint) or (Library of Congress).
Answer all parts of the chosen question. Demonstrate that you have reviewed and understand any relevant information in that section’s materials.
When useful to the answer, incorporate details such as case names, author’s names, facts, and particularly specific terms or jargon important to that subject.
The essays should be thematic. Sentences should be complete.
Your friend, Bea Smart, eagerly expected a $15,000 start-up grant from the COVID 19 recovery program(aka the “CARES Act”). She was confident that the Small Business Administration (SBA) would accept her application since her dog-cleaning company had a promising start in its first month of January 2020.
Bea just received a letter from the SBA stating that her application was found inadequate since the agency review process determined that funds would be better spent if given to more long-standing businesses. Evidently the SBA has a rule that gives preference to businesses that have operated for more than two years. The letter also notes that the agency has distributed all of the funds in the CARES Act and no more is available until Congress takes further action.
Bea hopes to take the SBA to court and sue them for cheating her out of her expected recovery benefit. She is particularly upset that her business was denied partially on the basis of its newness since she had put her lifesavings into it.
Knowing of your expertise in administrative law, she turns to you for advice on the following three points:
1) What are the roadblocks to judicial review? Is it likely the courts will accept her case?
2) What do the federal courts look for when evaluating whether an agency acted appropriately? Do you think Bea has a good shot at winning her case, if it gets a judicial hearing?
3) Do you think the courts are fair in how they handle administrative law cases?