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Articles 1 - 11 of 11
Full-Text Articles in Law
Congress, The Supreme Court, And The Quiet Revolution In Administrative Law, Sidney A. Shapiro, Robert L. Glicksman
Congress, The Supreme Court, And The Quiet Revolution In Administrative Law, Sidney A. Shapiro, Robert L. Glicksman
Duke Law Journal
No abstract provided.
Administrative Law, Daniel J. Westbrook, A. M. Quattlebaum Jr.
Administrative Law, Daniel J. Westbrook, A. M. Quattlebaum Jr.
South Carolina Law Review
No abstract provided.
Independent Agencies: Government’S Scourge Or Salvation?, Aulana L. Peters
Independent Agencies: Government’S Scourge Or Salvation?, Aulana L. Peters
Duke Law Journal
This symposium invites reflection on a number of important questions concerning the independence of the independent regulatory agencies. Three such questions are briefly examined in this essay: First, what is the nature of an independent agency? Second, why should regulatory agencies be independent? Finally, what constrains, and what ought to constrain, an agency's independence? These questions are considered against the backdrop of the legal debate about the constitutional legitimacy of independent regulatory agencies that has been raging since Congress created the first such agency a hundred years ago. The thoughts and conclusions offered in this essay draw on the history …
The Purposes And Limits Of Independent Agencies, Paul R. Verkuil
The Purposes And Limits Of Independent Agencies, Paul R. Verkuil
Duke Law Journal
The independent agency has been around for 100 years now, but we are still trying to understand how it best relates to the administration of government. Its popularity as an organizational mechanism is more a function of competing political forces within the legislative and executive branches than of any systematic analysis of its effectiveness. Yet one can discern reasons why independent agencies might be superior mechanisms for administering government programs if their structure and purpose are analyzed functionally. This essay proposes to do that and, in the process, reach some conclusions about both the potential and the limits of the …
Developments Under The Freedom Of Information Act—1987, Maria H. Benecki
Developments Under The Freedom Of Information Act—1987, Maria H. Benecki
Duke Law Journal
The twenty-first year of the Freedom of Information Act 1 (FOIA) saw reaction by the federal government to amendments passed in 1986. 2 The 1986 amendments directed federal agencies to charge lower fees for information requests by "news media" and "scientific and educational institutions" and higher fees for requests by "commercial users." 3 In order to ensure uniformity, Congress directed the Office of Management and Budget (OMB) to establish guidelines for determining whether a requester fits into any of the three categories. 4 The initial OMB proposal met resistance from both requesters and members of Congress. 5 The final guidelines …
Congressional Delegation Of Adjudicatory Power To Federal Agencies And The Right To Trial By Jury, Paul K. Sun Jr.
Congressional Delegation Of Adjudicatory Power To Federal Agencies And The Right To Trial By Jury, Paul K. Sun Jr.
Duke Law Journal
The continued growth of the administrative bureaucracy and its increased impact on the rights and duties of citizens is a well-documented phenomenon of the twentieth century. 1 At the federal level, bureaucracy flourishes as Congress delegates ever more responsibility to agencies. 2 Within their statutorily defined fields, federal agencies typically perform the functions of rulemaking, enforcement and adjudication. 3 This note focuses on the adjudicatory function 4 and considers whether, when Congress creates a new statutory cause of action, 5 the seventh amendment 6 limits Congress's ability to delegate responsibility for adjudicating cases under that statute to a federal administrative …
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 …
Two Problems In Administrative Law: Political Polarity On The District Of Columbia Circuit And Judicial Deterrence Of Agency Rulemaking, Richard J. Pierce Jr.
Two Problems In Administrative Law: Political Polarity On The District Of Columbia Circuit And Judicial Deterrence Of Agency Rulemaking, Richard J. Pierce Jr.
Duke Law Journal
In a refreshingly candid article, Chief Judge Wald of the D.C. Circuit noted in 1986: "The flow of membership in the D.C. Circuit . . . is more like what one would expect in Congress with elections every few years, or in the Executive, shifting its key policymakers with each administration." 1 Eleven of the twelve D.C. Circuit judges were appointed by President Reagan or President Carter within the last nine years. Most served previously in policymaking positions in either the legislative or executive branches of government. Based on their record of decisionmaking with respect to judicial review of agency …
Mcclanahan V. Remington Freight Lines, Inc.: Making A Mountain Out Of A Molehill, Richard Pitts, Susan Stuart
Mcclanahan V. Remington Freight Lines, Inc.: Making A Mountain Out Of A Molehill, Richard Pitts, Susan Stuart
Law Faculty Publications
No abstract provided.
Becket At The Bar--The Conflicting Obligations Of The Solicitor General, Eric Schnapper
Becket At The Bar--The Conflicting Obligations Of The Solicitor General, Eric Schnapper
Articles
This Article suggests that the Solicitor General has five quite distinct responsibilities: to provide the Supreme Court with accurate and balanced information, to help to shape the Court's docket, to assure that the government's presentations maintain a high level of professionalism, to frame government positions which strike an appropriate balance between justice and advocacy, and to identify the interests and policies of the government client whom he represents. These responsibilities at times place the Solicitor General under conflicting obligations, not merely conflicts between his or her duties to the Court and to the administration, but conflicts in the Solicitor General's …
Administrative Law In A Global Era: Progress, Deregulatory Change, And The Rise Of The Administrative Presidency, Alfred C. Aman
Administrative Law In A Global Era: Progress, Deregulatory Change, And The Rise Of The Administrative Presidency, Alfred C. Aman
Articles by Maurer Faculty
No abstract provided.