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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 …
Independent Agencies Under Attack: A Skeptical View Of The Importance Of The Debate, Susan Bartlett Foote
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 to …
Appropriations Redux: A Critical Look At The Fiscal Year 1988 Continuing Resolution, Neal E. Devins
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 …