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University of Richmond

1994

Federal Trade Commission

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The Evolution Of Quasi-Judicial Activism In The Legislative Branch: Canadian Commercial Corp./Heroux, Inc., John M. Holloway Iii Jan 1994

The Evolution Of Quasi-Judicial Activism In The Legislative Branch: Canadian Commercial Corp./Heroux, Inc., John M. Holloway Iii

University of Richmond Law Review

During the First Congress' debate over the bill to establish the Treasury Department, James Madison described the principal responsibility of the Comptroller of the Treasury as "deciding upon the lawfulness and justice of claims and accounts subsisting between the United States and particular citizens: this partakes strongly of the judicial character, and there may be strong reasons why an officer of this kind should not hold his office at the pleasure of the Executive Branch of Government." With the passage of the Budget and Accounting Act of 1921, the General Accounting Office (GAO) was created and the responsibility to settle …


Annual Survey Of Virginia Law: Antitrust And Trade Regulation, Michael F. Urbanski, Francis H. Casola Jan 1994

Annual Survey Of Virginia Law: Antitrust And Trade Regulation, Michael F. Urbanski, Francis H. Casola

University of Richmond Law Review

Once again this past year, the Fourth Circuit and the federal courts in Virginia proved inhospitable to antitrust plaintiffs. Plaintiffs consistently lost on summary judgment and only one plaintiff survived a motion to dismiss. The only major development in the law in the Fourth Circuit came from the Western District of Virginia where Judge James C. Turk refused to recognize the theory of monopoly leveraging under Section 2 of the Sherman Act.