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Duke Law

Duke Law Journal

1988

Political aspects

Articles 1 - 3 of 3

Full-Text Articles in Law

Two Problems In Administrative Law: Political Polarity On The District Of Columbia Circuit And Judicial Deterrence Of Agency Rulemaking, Richard J. Pierce Jr. Apr 1988

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 …


Appropriations Redux: A Critical Look At The Fiscal Year 1988 Continuing Resolution, Neal E. Devins Apr 1988

Appropriations Redux: A Critical Look At The Fiscal Year 1988 Continuing Resolution, Neal E. Devins

Duke Law Journal

On January 25, 1988, in his State of the Union Address, President Reagan blasted Congress for the budget process culminating in the Fiscal Year 1988 (FY 88) continuing resolution. 1 Contending that "[m]ost of you in this chamber didn't know what was in this [2100-page] catch all bill and [accompanying conference] report," the President boldly proclaimed that he would not sign "another one of these." 2 This damning statement, rather than inciting the hostility associated with unfounded accusations, provoked the wild appreciation associated with a minister preaching to the faithful. Indeed, since Congress's passage of the resolution, pledges of support …


Reflagging Kuwaiti Tankers: A U.S. Response In The Persian Gulf, Margaret G. Wachenfeld Feb 1988

Reflagging Kuwaiti Tankers: A U.S. Response In The Persian Gulf, Margaret G. Wachenfeld

Duke Law Journal

No abstract provided.