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1985

Duke Law

Management

Articles 1 - 4 of 4

Full-Text Articles in Law

Bias In The Boardroom: Psychological Foundations And Legal Implications Of Corporate Cohesion, James D. Cox, Harry L. Munsinger Jul 1985

Bias In The Boardroom: Psychological Foundations And Legal Implications Of Corporate Cohesion, James D. Cox, Harry L. Munsinger

Law and Contemporary Problems

No abstract provided.


Developments Under The Freedom Of Information Act—1984, Lisa A. Krupicka, Mary E. Lafrance Jun 1985

Developments Under The Freedom Of Information Act—1984, Lisa A. Krupicka, Mary E. Lafrance

Duke Law Journal

The eighteenth year of the Freedom of Information Act (FOIA) 1 witnessed a continuation of the trend toward restricting public access to government information. 2 Congress amended the National Security Act of 1947, 3 exempting entire systems of Central Intelligence Agency (CIA) files from search and review and declaring that the Privacy Act 4 is not an exemption 3 statute. 5 Congress again considered, but failed to pass, a bill to reform the FOIA; this proposal 6 would have substantially altered fees and waivers, 7 time limits for responding to requests, 8 business confidentiality procedures, 9 and law enforcement exemptions. …


Judicialization: The Twilight Of Administrative Law, Loren A. Smith Apr 1985

Judicialization: The Twilight Of Administrative Law, Loren A. Smith

Duke Law Journal

At its December, 1984 Plenary Session, the Administrative Conference of the United States devoted a part of its agenda to an exchange of ideas on the current state of administrative law and the directions in which this field is likely to move-or be pushed-in the foreseeable future. Perhaps because modern administrative agencies are such a curious admixture of the political, bureaucratic, and judicial components of government, the study of administrative law derives particular benefits from analyses and critiques that emphasize social utility as well as legal precedent. In no other area of the law do the current political agenda and …


Negotiation And Informal Agency Action: The Case Of Superfund, Frederick R. Anderson Apr 1985

Negotiation And Informal Agency Action: The Case Of Superfund, Frederick R. Anderson

Duke Law Journal

The multi-billion dollar federal "Superfund" program for the cleanup of thousands of hazardous waste sites currently emphasizes federally-funded cleanups followed by reimbursement actions filed against any responsible parties who can be found. Litigation to compel direct private cleanups supplements this strategy. Dean Anderson argues, however, that a variety of factors, including statutory constraints, inadequate funding, the shortcomings of litigation, and particularly the selection of a cumbersome quasi-regulatory implementation scheme, has combined to increase the costs and delay already inherent in the federal government's program. After a careful analysis of the existing program, he suggests that greater reliance on privately-funded cleanups …