I don’t think that is necessarily correct. We know the FLI grant was “approved” by September 7 and walked back sometime in November, so there was time for a veto-jury process without delaying FLI’s normal business process.
I am ordinarily envisioning a fairly limited role for a veto jury—the review would basically be for what US lawyers call “abuse of discretion” and might be called in less technical jargon a somewhat enhanced sanity check. Cf. Harman v. Apfel, 211 F.3d 1172, 1175 (9th Cir. 2000) (noting reversal under abuse of discretion standard is possible only “when the appellate court is convinced firmly that the reviewed decision lies beyond the pale of reasonable justification under the circumstances”).
It would not be an opportunity for the jury to comprehensively re-balance the case for and against funding the grant, or merely substitute its judgment for that of the grantmaker. Perhaps there would be defined circumstances in which veto juries would work with a less deferential standard of review, but it ordinarily should not take much time to determine that there was no abuse of discretion.
I don’t think that is necessarily correct. We know the FLI grant was “approved” by September 7 and walked back sometime in November, so there was time for a veto-jury process without delaying FLI’s normal business process.
I am ordinarily envisioning a fairly limited role for a veto jury—the review would basically be for what US lawyers call “abuse of discretion” and might be called in less technical jargon a somewhat enhanced sanity check. Cf. Harman v. Apfel, 211 F.3d 1172, 1175 (9th Cir. 2000) (noting reversal under abuse of discretion standard is possible only “when the appellate court is convinced firmly that the reviewed decision lies beyond the pale of reasonable justification under the circumstances”).
It would not be an opportunity for the jury to comprehensively re-balance the case for and against funding the grant, or merely substitute its judgment for that of the grantmaker. Perhaps there would be defined circumstances in which veto juries would work with a less deferential standard of review, but it ordinarily should not take much time to determine that there was no abuse of discretion.