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Revoking The "Fishing License:" Recent Decisions Place Unwarranted Restrictions On Administrative Agencies' Power To Subpoena Personal Financial Records, Jack W. Campbell, Iv
Revoking The "Fishing License:" Recent Decisions Place Unwarranted Restrictions On Administrative Agencies' Power To Subpoena Personal Financial Records, Jack W. Campbell, Iv
Vanderbilt Law Review
The backbone of an administrative agency's effectiveness is the ability to investigate rapidly the activities of entities within the agency's jurisdiction., An agency's ability to carry out its investigative functions depends upon enforcement of the agency's administrative subpoenas. Courts have not always looked favorably upon broad agency subpoena power. The implementation of the New Deal and the exigencies of World War II created a need for increased administrative oversight of national affairs. Courts began to recognize the usefulness of proactive administrative government. Concurrent supreme court decisions reflected this philosophical change by adopting highly deferential views of administrative subpoena enforcement. This …
The Civil Investigative Demand: A Constitutional Analysis And Model Proposal, Anthony J. Mcfarland
The Civil Investigative Demand: A Constitutional Analysis And Model Proposal, Anthony J. Mcfarland
Vanderbilt Law Review
This Note first traces the initial judicial reaction to administrative demands for information and administrative investigations and delineates the constitutional requirement set forth therein. The Note next examines the development of CIDs and analyzes decisions upholding their constitutionality. This Note contends that most courts either have incorrectly applied current administrative standards to the CID or have failed to apply such standards altogether. The analysis is broken down into six parts,each dealing with a separate constitutional basis for a CID challenge. Because most suits that contest CIDs are based on fourth amendment search and seizure issues, the bulk of this Note …