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DEVELOPMENTS DURING 2006 CONCERNING 28 U.S.C. § 1581(i)

I. INTRODUCTION

Two thousand and six was an active year for the Court of International Trade ("CIT") and the Court of Appeals for the Federal Circuit ("Federal Circuit") with regard to the CITs jurisdiction pursuant to 28 U.S.C. § 1581 (i). The year gave rise to several interesting holdin gs concerning the scope of that jurisdiction. The courts also began to illuminate a set of previously cloudy procedural questions-what causes of action, may be asserted within the jurisdictional boundaries of § 1581 (i), and how central is the Administrative Procedure Act ("APA") in that regard? Finally, a number of substantive issues arose in cases invoking the CIT's § 1581 (i) jurisdiction. The ...

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