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Full-Text Articles in Law
The Foreign Direct Investment Regulations: Constitutional Questions And Operational Aspects Examined, Jeffrey G. Miller
The Foreign Direct Investment Regulations: Constitutional Questions And Operational Aspects Examined, Jeffrey G. Miller
Elisabeth Haub School of Law Faculty Publications
This article examines the constitutionality of the FDIR and similar regulations issued pursuant to section 5 (b), and comments upon the basic propriety and desireability of delegations of broad emergency powers to the President. The development of executive powers under section 5(b) will first be discussed with an eye toward determining, through the legislative history, congressional intent underlying the section. The role of judicial review of the exercise of executive emergency powers will be examined, followed by an analysis of the theory underlying the delegation of such powers to the President. Finally, the constitutional limitations on the emergency powers of …
Legislation And The Environment: Individual Rights And Government Accountability, Richard L. Ottinger
Legislation And The Environment: Individual Rights And Government Accountability, Richard L. Ottinger
Elisabeth Haub School of Law Faculty Publications
Recent public concern with the pollution threat has generated a rash of suggested solutions. Within the past year councils, agencies, advisory commissions, and billion-dollar programs have been urged upon us. Reorganizations and reorderings of priorities have been called for. The question remains, however, whether this welter of proposals squarely attacks the real problem-the fact that all of our institutions are rooted in the notions of inexhaustible supply and limitless ability to repair. The answer can be found only by examining specific conflicts between technology and environment and analyzing the way our institutions attempt to resolve them.
The American Bar Association And The Supreme Court--Old Wine In A New Bottle?, Ronald H. Jensen
The American Bar Association And The Supreme Court--Old Wine In A New Bottle?, Ronald H. Jensen
Elisabeth Haub School of Law Faculty Publications
Preparation of this article was commenced shortly after the emergence of the difference of opinion between the ABA and the City Bar on the practice of submitting the names of Supreme Court nominees to the ABA. We believed this to be a sufficiently important issue to deserve a thorough review, particularly because of a paucity of legal commentary on the subject. Our major attention is still directed to that issue, but the recent action of the Attorney General necessarily requires some expansion of the scope of this inquiry. We confine this study to the matter of selection of Supreme Court …