Law Commons^™

Federalism, Separation Of Powers, And Individual Liberties, Dennis G. Lagory

Vanderbilt Law Review

In a world that the Framers hardly could have anticipated, the Constitution remains a singularly effective instrument for the pres- ervation of individual liberty. In its allocation of power between the states and the federal government, it provides Americans with multiple champions of their rights--the federal government, which protects a liberty that is constantly evolving to adapt traditional values to new realities, and the state governments, which protect the basic liberties to which mankind has always been entitled. In its allocation of power between the branches of the federal government, the Constitution provides us with a polity possessing powers adequate …

Heightened Scrutiny Of The Fourth Branch: Separation Of Powers And The Requirement Of Adequate Reasons For Agency Decisions, Sidney A. Shapiro, Richard E. Levy

Duke Law Journal

Judicial review of administrative action is an inexact science. Professors Shapiro and Levy argue that this is partially because review of administrative actions is an unexplained science. In this article, they examine how the evolution of judicial review of agencies has reflected changing political values in American government. They argue that courts now require agencies to provide adequate reasons for their actions, and, by tracing the development of that requirement, they demonstrate that the courts have not fully explained the significance of or doctrinal basis for this model of review. The article concludes that the adequate reasons requirement is best …

The Independent Agency After Bowsher V. Synar--Alive And Kicking, William H. Hardie, Iii

Vanderbilt Law Review

Because the modern administrative agency combines executive, legislative, and judicial powers, various authorities throughout history have argued that the fundamental structure of the administrative system is unconstitutional. Recently, the relationship between the separation of powers doctrine and the administrative state has returned to the foreground of both American politics and constitutional law. Attempts by the current executive branch to rein in the policy and rule making activities of "independent" federal agencies have resulted in both praise and cries of foul from the legal community and Congress.' These attempts at executive branch control have been precipitated by a perceived shift in …

Statutory Interpretation: Lord Coke Revisted, Lewis H. Larue

Scholarly Articles

Not available.

Governmental Functions And Constitutional Doctrine The Historical Constitution , Russell K. Osgood

Cornell Law Review

No abstract provided.

Formal And Functional Approaches To Separation Of Powers Questions A Foolish Inconsistency , Peter L. Strauss

Cornell Law Review

No abstract provided.

Contemporary Debate About Legislative-Executive Separation Of Powers , Thomas O. Sargentich

Cornell Law Review

No abstract provided.

Self-Love And The Judicial Power To Appoint A Special Prosecutor, James A. Cohen

Hofstra Law Review

No abstract provided.

Introduction, Eugene Gressman

Hofstra Law Review

No abstract provided.

Perilous Executive Power--Perspective On Special Prosecutors In New York, Lawrence T. Kurlander, Valerie Friedlander

Hofstra Law Review

No abstract provided.

A Paradox Without A Principle: A Comment On The Burger Court’S Jurisprudence In Separation Of Powers Cases, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

The Removal Power And The Federal Deficit: Form, Substance, And Administrative Independence, Jonathan L. Entin

Kentucky Law Journal

No abstract provided.

Terrorism And The Constitution, Christopher L. Blakesley

Scholarly Works

How do terrorism and the Iran-Contra hearings relate to the Constitution? My thesis is that there is a tendency for the executive of this or any nation to eschew even constitutionally mandated avenues of problem solving considered to be cumbersome, inefficient, or inimical to the executive’s vision of the national interest in foreign affairs. There is also a tendency to consider one’s own conduct and the conduct of one’s allies and friends to be justified when it is directed at goals deemed by the executive branch to be good. Constitutional provisions based on the checks and balances and separation of …

Bowsher V. Synar: Separation Of Powers, The Removal Of Officers, And The Administrative State, Dan Balhoff

Louisiana Law Review

No abstract provided.

On The Constitutional Status Of The Administrative Agencies, Harold H. Bruff

Publications

No abstract provided.

Do The United States Sentencing Guidelines Deprive Defendants Of Due Process?, Bradford Mank

Faculty Articles and Other Publications

It is difficult to determine whether due process requires individualized sentencing because sentencing goals and practices have varied greatly during the course of this nation's history. A court applying Judge Bork's original intent doctrine of constitutional interpretation would probably reach a result different from that reached by a court employing a more liberal view of due process protections.1o It is likely that liberals and conservatives on the current Supreme Court would disagree on whether the Guidelines violate due process.

This article argues that the Guidelines can be saved and can satisfy due process requirements if the Supreme Court interprets the …

The Independent Counsel Statute: A Matter Of Public Confidence And Constitutional Balance, Senator Carl Levin, Elise J. Bean

Hofstra Law Review

No abstract provided.

The Constitutional Validity Of The Ethics In Government Act: Morrison V. Olson

Hofstra Law Review

No abstract provided.

In Defense Of Administrative Agency Autonomy, A. Michael Froomkin

Articles

No abstract provided.