Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Publication
- Publication Type
Articles 1 - 5 of 5
Full-Text Articles in Law
Independent Agencies: Form And Substance In Executive Prerogative, Glen O. Robinson
Independent Agencies: Form And Substance In Executive Prerogative, Glen O. Robinson
Duke Law Journal
Among other things, the Supreme Court's decision in Morrison v. Olson, 1 upholding Congress's authorization of independent counsel to investigate and prosecute high-ranking government officials for violation of federal criminal laws, presumably will chill speculation that the Supreme Court is prepared to rethink the constitutionality of the independent agencies. Prior to the 1980s the constitutionality of the independent agencies had generally been thought secure on the strength of Humphrey's Executor. 2 Despite recurrent criticism of that decision, 3 there was no basis to think it was especially vulnerable. The Court's recent fascination with separation of powers, 4 however, invited speculation …
Cable Television And The Freedom Of Expression, Daniel Brenner
Cable Television And The Freedom Of Expression, Daniel Brenner
Duke Law Journal
In 1973, cable television operators primarily carried broadcast signals that could not be received adequately over the air. That year, a Cabinet-level committee recommended that regulation of cable fundamentally change when the cable industry penetrated fifty percent of U.S. homes. Instead of selecting any of their program services, the cable operators would be treated as pure carriers, leaving others to program. 1 The United States recently passed that supposed milestone. 2 Yet the 1973 policy recommendation is about as likely to get a second hearing as the Articles of Confederation. By 1975, Home Box Office had launched cable's first satellite …
The Search For An Author: Shakespeare And The Framers, James Boyle
The Search For An Author: Shakespeare And The Framers, James Boyle
Faculty Scholarship
No abstract provided.
Federal Courts, State Courts, And The Constitution: A Rejoinder To Professor Redish, Erwin Chemerinsky
Federal Courts, State Courts, And The Constitution: A Rejoinder To Professor Redish, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Parity Reconsidered: Defining A Role For The Federal Judiciary, Erwin Chemerinsky
Parity Reconsidered: Defining A Role For The Federal Judiciary, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.