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Full-Text Articles in Law

Independent Agencies: Form And Substance In Executive Prerogative, Glen O. Robinson Apr 1988

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 ...


Independent Agencies Under Attack: A Skeptical View Of The Importance Of The Debate, Susan Bartlett Foote Apr 1988

Independent Agencies Under Attack: A Skeptical View Of The Importance Of The Debate, Susan Bartlett Foote

Duke Law Journal

The 1980s have witnessed two related but distinct attacks on independent agencies. 1 One attack is grounded in constitutional theory. Some have argued that independent agencies, those "strange amalgam[s]" that blend the functions of all three branches but are the creatures of none, violate the separation of powers doctrine in the Constitution. 2 This approach has been labeled "neoclassical" 3 or the "new formalism." 4 These terms suggest a rediscovery of fundamental constitutional principles. Another attack proceeds from an organizational perspective. Without clear lines of authority from one branch of government, independent agencies are politically unaccountable, and therefore vulnerable ...


Constitutionality Of Mandatory Farmer-Lender Mediation: The Minnesota Plan - Laue V. Production Credit Association, The, Jeffrey L. Dawson Jan 1988

Constitutionality Of Mandatory Farmer-Lender Mediation: The Minnesota Plan - Laue V. Production Credit Association, The, Jeffrey L. Dawson

Journal of Dispute Resolution

In March of 1986, the Minnesota legislature adopted an omnibus farm bill. A principal part of this bill was the "Farmer-Lender Mediation Act" s (hereinafter Act). The Act requires mandatory mediation notice in the case of any debt foreclosure proceedings brought against farm debtors.8 The Act was scrutinized by the Minnesota Court of Appeals in a case of first impression in Laue v. Production Credit Association.


Independent Counsel And The Constitution, Harold H. Bruff Jan 1988

Independent Counsel And The Constitution, Harold H. Bruff

Articles

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Scarlet Letter Punishment: Yesterday's Outlawed Penalty Is Today's Probation Condition, Leonore H. Tavill Jan 1988

Scarlet Letter Punishment: Yesterday's Outlawed Penalty Is Today's Probation Condition, Leonore H. Tavill

Cleveland State Law Review

The use of alternatives has sparked a whole host of new issues. The most significant of these new issues is the determination of who should or should not receive probation' and what kind of probation condition can be justified for certain criminals. Desperation, indefinite statutory provisions, and the resulting judicial discretion afforded to those on the bench has led to the imposition of some probation conditions which are unnecessarily harsh, unjustified, and possibly unconstitutional. Of particular concern is the growing use of "scarlet letter" probation conditions which require signs to be posted on the offender's property warning the public ...