Law Commons^™

Judge Bernard S. Meyer: First Merit Appointee To The New York Court Of Appeals, Vincent R. Johnson

Faculty Articles

This is the story of Judge Bernard S. Meyer’s exhilarating, exhausting, and highly productive first year on the New York Court of Appeals. Based on a reputation for integrity and a record of professional accomplishment, Judge Meyer was chosen to the New York Court of Appeals in 1979, and the following seven-and-a-half years he spent there were highly productive. While on the Court of Appeals, Judge Meyer was a progressive reformer, and it was clear he intended to use his office to make the world a better place and, whenever possible, remedy injustice. He looked for ways in which the …

See No Evil - The Role Of The Directed Trustee Under Erisa, Patricia W. Moore

Faculty Articles

Just before ERISA's passage, Congress added a provision allowing a sponsoring employer to use a "named fiduciary" – usually one or more of the employer's officers – to direct the trustee. In that case, the trustee is to "be subject to proper directions of such fiduciary which are made in accordance with the terms of the plan and which are not contrary to this Act." Such a trustee is commonly called a "directed trustee."

After ERISA became law, commentators immediately observed that section 403(a)(1) generated more questions than answers. For instance, is a directed trustee a "fiduciary" at all? Does …

The Evolution Of Government Liability Under Section 1983., Christopher J.M. Pettit

St. Mary's Law Journal

The Fourteenth Amendment of the United States Constitution provides in order to enforce the law, Congress shall have the power to pass enabling legislation. In the exercise of this power, Congress enacted the Civil Rights Act of 1871, to implement the prohibition of slavery as required by the Thirteenth Amendment. Although the Thirteenth Amendment abolished the institution of slavery, discriminatory actions by private citizens remained prevalent. During the period following reconstruction, congressional legislation shifted focus from prohibiting state action to prohibiting the actions of private individuals who violated the civil liberties of others. Through the passage of the Civil Rights …

Federal Economic Regulation Through Wage And Price Control Programs: 1917–1980 A Selected Bibliography, Bernard D. Reams Jr.

Faculty Articles

A significant portion of the law of the United States is currently embodied in, formed by, or effectuated through the rules, regulations, programs, and policies of governmental agencies. Early legal decisions on economic stability issues were made by administrative bureaus, boards and commissions, and many were rarely reviewed by courts, reported in newspapers or examined by scholars. Most administrators’ decision were made informally, undramatically, in the deep recesses of their bureaus. Many of their records rested unrecognized and poorly indexed in official government documents or in the National Archives.

For researchers attempting to bring together the materials involved in legislating …