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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 …
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 …
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 …
Life In The Administrative Track: Administrative Adjudication Of Claims Against Savings Institution Receiverships, Lawrence G. Baxter
Life In The Administrative Track: Administrative Adjudication Of Claims Against Savings Institution Receiverships, Lawrence G. Baxter
Duke Law Journal
INTRODUCTION In the modern financial services industry, thrifts 1 engage in an unprecedented range of complex and risky commercial transactions. Consequently, the receiver of a failed thrift, which in most cases is the Federal Savings and Loan Insurance Corporation (FSLIC) appointed by the Federal Home Loan Bank Board (FHLBB), 2 is likely to face a host of complex claims. These claims arise not only from the thrift's deposit liabilities but also from its investment transactions and the incidental disputes generated by such activities. The scene of a thrift failure is often already strewn with litigation, and the receivership itself is …
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 …