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Full-Text Articles in Law
State-Action Immunity And Section 5 Of The Ftc Act, Daniel A. Crane, Adam Hester
State-Action Immunity And Section 5 Of The Ftc Act, Daniel A. Crane, Adam Hester
Michigan Law Review
The state-action immunity doctrine of Parker v. Brown immunizes anticompetitive state regulations from preemption by federal antitrust law so long as the state takes conspicuous ownership of its anticompetitive policy. In its 1943 Parker decision, the Supreme Court justified this doctrine, observing that no evidence of a congressional will to preempt state law appears in the Sherman Act’s legislative history or context. In addition, commentators generally assume that the New Deal court was anxious to avoid re-entangling the federal judiciary in Lochner-style substantive due process analysis. The Supreme Court has observed, without deciding, that the Federal Trade Commission might …
The Legislative History Of The Administrative Procedure Act, Roni A. Elias
The Legislative History Of The Administrative Procedure Act, Roni A. Elias
Student Works
During the twentieth century, one of the most important developments in American government and politics was the expanding power of administrative agencies of all kinds. The enactment of the Administrative Procedure Act (“APA”) of 1946 was the crucial event in the course of this expansion. The APA was the culmination of long-term efforts to regulate the decision-making of administrative agencies, and it reflected a significant political compromise. This paper traces the outlines of that reflection. In Part I, it reviews the political background leading up to the proposal of the legislation in the 79th Congress that became the APA. In …