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Full-Text Articles in Law
Decreeing Organizational Change: Judicial Supervision Of Public Institutions, Donald L. Horowitz
Decreeing Organizational Change: Judicial Supervision Of Public Institutions, Donald L. Horowitz
Duke Law Journal
In the last fifteen years or so, courts have issued a small but significant number of decrees requiring that governmental bodies reorganize themselves so that their behavior will comport with certain legal standards. Such decrees, addressed to school systems, prison and mental hospital officials, welfare administrators, and public housing authorities, insert trial courts in the ongoing business of public administration. In this article, Professor Horowitz traces the origins, characteristics, and consequences of organizational change decrees. He finds their roots in an unusually fluid and indeterminate system of procedural forms and legal rules, a system hospitable to the impact of changing …
The Conflict Between Executive Privilege And Congressional Oversight: The Gorsuch Controversy, Ronald L. Claveloux
The Conflict Between Executive Privilege And Congressional Oversight: The Gorsuch Controversy, Ronald L. Claveloux
Duke Law Journal
No abstract provided.
Transnational Corporations And Developing Public International Law, Jonathan I. Charney
Transnational Corporations And Developing Public International Law, Jonathan I. Charney
Duke Law Journal
In recent years the international community has been developing various international codes of conduct, many of which will contain rules governing the behavior of transnational corporations (TNCs). Most of these rules are being developed with little or no direct TNC participation. Professor Charney argues that because TNCs represent major, independent centers of influence, failure to include them in the codes of conduct negotiations may result in rules that do not accurately reflect the realities of TNC interests and power. If the international community later seeks to convert these rules into legal norms, TNC resistance will probably place costly strains on …
Was There A Baby In The Bathwater? A Comment On The Supreme Court’S Legislative Veto Decision, Peter L. Strauss
Was There A Baby In The Bathwater? A Comment On The Supreme Court’S Legislative Veto Decision, Peter L. Strauss
Duke Law Journal
Examining the Supreme Court's recent decisions in the legislative veto case, Professor Strauss stresses the importance of a distinction no Justice observed between use of the veto in matters affecting direct, continuing, political, executive-congressional relations, and use of the veto in a regulatory context. Only the latter, he argues, had to be reached by the Court; and only the latter presents the constitutional difficulties that troubled the Court. The utility of the veto in the political context makes the opinions' sweep regrettable.
Restricting The Power To Promote Competition In Banking: A Foolish Consistency Among The Circuits, Peter C. Carstensen
Restricting The Power To Promote Competition In Banking: A Foolish Consistency Among The Circuits, Peter C. Carstensen
Duke Law Journal
In several recent decisions the federal appeals courts have adopted a standard for reviewing denials of proposed bank combinations which substantially restricts the ability of federal bank regulators to reject anticompetitive combinations. Professor Carstensen analyzes the three leading decisions and the litigating positions of the parties. He argues that the results in these cases, although predictable, are inconsistent with express statutory language, legislative history, past Supreme Court construction of the relevant standard, and the fundamental public policy of avoiding unnecessarily anticompetitive combinations. He suggests two ways in which the statute could be read which would preserve reasonable judicial review of …
The Constitution In The Supreme Court: Contracts And Commerce, 1836-1864, David P. Currie
The Constitution In The Supreme Court: Contracts And Commerce, 1836-1864, David P. Currie
Duke Law Journal
Continuing a study of the first hundred years of constitutional litigation, Professor Currie explores the decisions of the Taney period respecting the Contract and Commerce Clauses. Though early decisions of the Taney Court seemed to portend a departure from the nationalism of its predecessor, the author argues that the impression was largely misleading. In general, for example, the Court under Taney proved rather sympathetic to contract rights. In Commerce Clause cases, after being badly split, the Court was able to agree on a longlasting formula that acknowledged an implicit limitation on state power; and although in the Taney period the …