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Full-Text Articles in Law
Erisa Enforcement: Mandate For A Single Agency, Beverly M. Klimkowsky, Ian D. Lanoff
Erisa Enforcement: Mandate For A Single Agency, Beverly M. Klimkowsky, Ian D. Lanoff
University of Michigan Journal of Law Reform
In Part I, this Article reviews the aspects of pensions that justify the attention of Congress during consideration of budgets and the federal deficit. Part II documents the initial administrative problems created by the congressional compromise that divided administrative responsibility between the Department of Labor and the Internal Revenue Service. Although Reorganization Plan No. 4 solved some of the initial problems, the remaining problems are not amenable to resolution within a system of responsibility divided between separate agencies. The specific problems associated with enforcement are discussed in Part III, which identifies the total failure of enforcement as a major threat …
The Delegation Doctrine: Could The Court Give It Substance?, David Schoenbrod
The Delegation Doctrine: Could The Court Give It Substance?, David Schoenbrod
Michigan Law Review
Part I of this Article demonstrates the need for a new approach to the delegation doctrine. It shows that the Court has failed to articulate a coherent test of improper delegation and that the alternative tests offered by commentators are not sufficient. Part II then sets forth a proposed test of improper delegation. The basic principles of an approach prohibiting delegations of legislative power are outlined and illustrated. This Article does not, however, attempt anything so grand as to suggest a final definition of the doctrine or to pass broadly on the validity of statutes. Such an encompassing analysis is …
Risk As An Arena Of Struggle, Richard L. Abel
Risk As An Arena Of Struggle, Richard L. Abel
Michigan Law Review
A Review of Going by the Book: The Problem of Regulatory Unreasonableness by Eugene Bardach and Robert A. Kagan and The Other Price of Britain's Oil: Safety and Control in the North Sea by W.G. Carson and Workers at Risk: Voices from the Workplace by Dorothy Nelkjin and Michael S. Brown
Compliance Without Coercion, Albert J. Reiss Jr.
Compliance Without Coercion, Albert J. Reiss Jr.
Michigan Law Review
A Review of Environment and Enforcement: Regulation and the Social Definition of Pollution by Keith Hawkins
Protecting The Independence Of Administrative Law Judges: A Model Administrative Law Judge Corps Statute, Karen Y. Kauper
Protecting The Independence Of Administrative Law Judges: A Model Administrative Law Judge Corps Statute, Karen Y. Kauper
University of Michigan Journal of Law Reform
This Note concludes that the federal government should adopt some form of central panel system to protect both the independence of the ALJs and the public interest. Part I of this Note presents several alternatives to the central panel systems that have been proposed in past years and discusses their inadequacies. Part II summarizes the arguments concerning the central panel system of administrative adjudication. Part III discusses several of the integral elements of a central panel system and analyzes the state statutes and the proposed federal legislation in light of these elements. Finally, Part IV proposes a model statute for …