Disqualification of Administrative Officials for Bias

Covington, Robert N.

Journal: Vanderbilt Law Review

Volume: 13

First Page: 712

Year: 1960

Bluebook Citation: 13 VAND. L. REV. 712 (1960)

Author: Robert N. Covington: all 22 publications


Abstract

For centuries English and American writers on jurisprudence have been concerned with the problem of the impartial tribunal. With the rise in importance of the administrative agency, which often may function as investigator, prosecutor, and judge in the same proceeding, this concern has found a new focal point.' This note is designed to explore one question arising from the problem of administrative prejudice: When should an administrative official be disqualified from acting because of his bias? In investigating this problem, we shall examine the various formulas developed by the courts before whom disqualification has been urged; call attention briefly to the influence of statutes on these formulas; and comment on the adequacy and logical consistency of the present law in this field.

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