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A Reflection On The Independence Of Independent Agencies, James C. Miller Iii
A Reflection On The Independence Of Independent Agencies, James C. Miller Iii
Duke Law Journal
No abstract provided.
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 …
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 …
“Political” Influence At The Fcc, Richard E. Wiley
“Political” Influence At The Fcc, Richard E. Wiley
Duke Law Journal
No abstract provided.
How Independent Are Independent Regulatory Agencies?, Alan B. Morrison
How Independent Are Independent Regulatory Agencies?, Alan B. Morrison
Duke Law Journal
No abstract provided.
Introduction: The Debate Over Independent Agencies In Light Of Empirical Evidence, Geoffrey P. Miller
Introduction: The Debate Over Independent Agencies In Light Of Empirical Evidence, Geoffrey P. Miller
Duke Law Journal
No abstract provided.
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 …