§ 19.1 The General Nature of Doctrine. § 19.2 Congressional Delegation of Legislative Power to the President, Administrative Agencies, or Special Commissions. § 19.3 Presidential Power Over National Policy. § 19.3.1 General Observations. § 19.3.2 International Matters. § 19.3.3 War and National Defense. § 19.3.4 Domestic Policymaking. § 19.3.5 The Pardon Power. § 19.4 Legislative Power Over National Policy. § 19.4.1 General Observations. § 19.4.2 Unconstitutional Attempts to Change the Veto Power. § 19.4.2.1 The Legislative Veto. § 19.4.2.2 Giving the President a Line-Item Veto. § 19.4.3 Limited Legislative Control Over Appointment and Removal of Officers. § 19.4.3.1 Limited Legislative Control Over Appointment of Officers. § 19.4.3.2 Limited Legislative Control...
Introduction. II. Why Interest Arbitration Is Necessary Under The NLRA. A. The Problem of First Contract Negotiation. B. The Weakness of NLRB Remedies. C. Arbitration Is Desirable When Work Stoppages Are Not. 1. The Unavailability of Strikes. 2. Arbitration Is Widely Used When Strikes Are Undesirable. III. Interest Arbitration Will Work. A. Interest Arbitration Will Provide Incentives to Bargain; It Will Not Remove the Incentives to Bargain. 1. Theoretical Underpinnings. 2. Case Studies. 3. Final-Offer Arbitration: A Potential Procedure for Implementation. B. Interest Arbitration Can Produce a Sensible Contract. C. Interest Arbitration Is Better than the Alternatives. 1. Arbitration Is Expeditious and Affordable. 2. Arbitration Should Not Be Limited to Cases in Which Bad Faith Bargai...
... to bargain for a first contract is a powerful weapon in the arsenal of employers determined to r... does not represent an unconstitutional delegation of legislative authority as alleged by some critic...As a matter of legal doctrine, the first contract arbitration provision of EFCA ...
... of each municipality in the State the power of referendum with respect to all questions that t... invalid as an unconstitutional delegation of legislative power to the people. While the acti.... [Page 426 U.S. 668, 669] . (b) The doctrine that legislative delegation of power to regulatory...
..., violations of the separation-of-powers doctrine by the legislatures of the States were common-plac... by the Attorney General, pursuant to a delegation from Congress, to suspend deportation of an alien....
... the hands of the Federal Government large powers hitherto exercised by the States" by converting th..., and one of the most important doctrines flowing from this is the application of the Bill o..." doctrine is to be limited to a delegation of "a power 'traditionally exclusively reserved to...
...There are powerful reasons for construing the constitutional silence ..." and "Controversies," and that "the doctrine of standing serves to identify those disputes whic... information that illuminates the delegation issue but does not really bear on the narrow issue...
...) as an impermissible exercise of Congress's power under the Commerce Clause, 2) as a violation of thhe non-delegation doctrine, and 3) as a violation of the Tenth Amend...
... to a central tenet known as the "doctrine of exchange," the Church has set forth schedules o... of inquiries into religious doctrine, delegation of state power, or detailed monitoring and close a...
A common condition of supervised release requires a defendant, postincarceration, to participate in a mental health treatment program. Federal district courts often order probation officers to make certain decisions ancillary to these programs. However, Article III delegation doctrine places limits on such actions. This Note addresses the constitutionality of delegating the "treatment program" decision, in which a probation officer decides which type of treatment the defendant must undergo; the choice is often between inpatient treatment and other less restrictive alternatives. The resolution of this issue ultimately depends on whether this decision constitutes a "judicial act." Finding support in lower court case law, this Note argues that a "judicial act" encompasses decisions affecti...
... III limits the exercise of the judicial power to federal courts,3 and thus may impose constituti...
... state officials to apply religious doctrine--namely Orthodox Jewish standards of kashrut--i... the State the ability to delegate advisory power under the law to a board on the basis of religi... into religious doctrine, no delegation of state power to a religious body, and no detaile...
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