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Full-Text Articles in Law

Erisa Enforcement: Mandate For A Single Agency, Beverly M. Klimkowsky, Ian D. Lanoff Oct 1985

Erisa Enforcement: Mandate For A Single Agency, Beverly M. Klimkowsky, Ian D. Lanoff

University of Michigan Journal of Law Reform

In Part I, this Article reviews the aspects of pensions that justify the attention of Congress during consideration of budgets and the federal deficit. Part II documents the initial administrative problems created by the congressional compromise that divided administrative responsibility between the Department of Labor and the Internal Revenue Service. Although Reorganization Plan No. 4 solved some of the initial problems, the remaining problems are not amenable to resolution within a system of responsibility divided between separate agencies. The specific problems associated with enforcement are discussed in Part III, which identifies the total failure of enforcement as a major threat …


The Applicability Of The Antitrust Procedures And Penalties Act Of 1974 To Voluntary Dismissals, Jon B. Jacobs Oct 1985

The Applicability Of The Antitrust Procedures And Penalties Act Of 1974 To Voluntary Dismissals, Jon B. Jacobs

University of Michigan Journal of Law Reform

This Note argues that Congress should amend the APPA to require a judicial public interest determination prior to the entry of a voluntary dismissal in government-initiated civil antitrust actions. Part I of this Note briefly describes the APPA and Federal Rule of Civil Procedure 41(a)(1). Part II asserts that APPA procedures do not currently apply to voluntary dismissals under Rule 41(a)(1). Part III concludes that the purposes underlying the APPA and general policy considerations support the legislative extension of the Act to dismissals. Part IV responds to objections to this proposal. Finally, Part V presents a specific amendment to the …


Developments Under The Freedom Of Information Act—1984, Lisa A. Krupicka, Mary E. Lafrance Jun 1985

Developments Under The Freedom Of Information Act—1984, Lisa A. Krupicka, Mary E. Lafrance

Duke Law Journal

The eighteenth year of the Freedom of Information Act (FOIA) 1 witnessed a continuation of the trend toward restricting public access to government information. 2 Congress amended the National Security Act of 1947, 3 exempting entire systems of Central Intelligence Agency (CIA) files from search and review and declaring that the Privacy Act 4 is not an exemption 3 statute. 5 Congress again considered, but failed to pass, a bill to reform the FOIA; this proposal 6 would have substantially altered fees and waivers, 7 time limits for responding to requests, 8 business confidentiality procedures, 9 and law enforcement exemptions. …


Compliance Without Coercion, Albert J. Reiss Jr. Feb 1985

Compliance Without Coercion, Albert J. Reiss Jr.

Michigan Law Review

A Review of Environment and Enforcement: Regulation and the Social Definition of Pollution by Keith Hawkins


Canada-United States Memorandum Of Understanding Regarding Application Of National Antitrust Law: New Guidelines For Resolution Of Multinational Antitrust Enforcement Disputes , Gary E. Dyal Jan 1985

Canada-United States Memorandum Of Understanding Regarding Application Of National Antitrust Law: New Guidelines For Resolution Of Multinational Antitrust Enforcement Disputes , Gary E. Dyal

Northwestern Journal of International Law & Business

This Comment will first examine the fundamental policy differences and opposing perspectives underlying the conflict between Canada and the United States regarding extraterritorial antitrust enforcement. Par- ticular conflict areas will then be discussed. Second, this Comment will explore the reasons underlying the failure of the Fulton-Rogers Under- standing to prevent instances of serious disagreement concerning particu- lar antitrust enforcement measures taken by the United States during the 1970's. Third, this Comment will analyze the 1984 Understanding, fo- cusing on its departure from the weaknesses of the Fulton-Rogers Under- standing, its specific provisions addressing concerns within the major categories of previous …