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Full-Text Articles in Law
The History Of The Judicial Review Of Administrative Power And The Future Of Regulatory Governance, John J. Coughlin
The History Of The Judicial Review Of Administrative Power And The Future Of Regulatory Governance, John J. Coughlin
Journal Articles
Traditionally, judicial review has afforded an important check on the exercise of administrative power. First, judicial review functions to protect the legislative intent behind the statutory authorization of the exercise of administrative power. Pursuant to the conventional model, an administrative agency exercises restricted legislative and judicial functions under judicial scrutiny to insure compliance with congressional intent. Judicial review insures that "a congressional delegation of power . . . must be accompanied by discernible standards, so that the delegatee's action can be measured for its fidelity to the legislative will." Additionally, the opportunity for judicial review of administrative action corrects and …
Fiduciary Power To Compromise Claims, Thomas L. Shaffer
Fiduciary Power To Compromise Claims, Thomas L. Shaffer
Journal Articles
The sorry state of fiduciary administrative powers in American trust law is an old but healing wound. Our English brothers, who began repair on a similar lesion in the nineteenth century, are still well ahead of us. A few state legislatures poured on balm of varying degrees of efficacy years ago, but they were not many. The Commissioners on Uniform State Laws seemed to promise a cure in the early 1930's, then abandoned the effort for a generation. They have lately returned to their patient, and the Uniform Trustees' Powers Act shows promise of increasing adoption. The incorporation-by-reference treatment is …