Another broken promise to the United States Indians

Article Abstract:

The US Supreme Court correctly vacated the Eighth Circuit Court of Appeals' decision in South Dakota v. Dept of the Interior because Section 5 of the Indian Reorganization Act is a constitutional legislative delegation of authority. The court left many issues unanswered, however, regarding the nondelegation doctrine debate. In order to resolve these questions, the US Supreme Court should adopt a functionalist approach over a formalist approach toward the Secretary of the Interior reserving lands in trust for Native Americans.

Native Americans, Native North Americans, Delegation of powers

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The reasons for and ramifications of eliminating "true doubt."(Case Note)

Article Abstract:

The US Supreme Court's decision in Director, Office of Workers' Compensation Programs v. Greenwich Collieries, defining burden of proof in section 7(c) of the Administrative Procedure Act (APA) as meaning a burden of persuasion, cancelled fifty years of precedence regarding the true doubt rule. The Court's decision fundamentally shifted the approach plaintiffs will need to take when bringing black lung disease cases. Plaintiffs can expect greater expenses and evidentiary burdens in pursuing their cases.

Burden of proof, Pneumoconiosis, Black lung disease

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A new look at reasons - one step forward - two steps backward

Article Abstract:

The House of Lords ruling in R. v Secretary of State for Trade and Industry, ex parte Lonrho PLC re-emphasizes the negative stance of the common law toward the giving of reasons for administrative decisions by implying that there is no affirmative common law duty to provide reasons and that these are instructive only if an extremely strong case has been established. Citizens have a right to know the reasons for administrative actions and Lonrho shows why it is dangerous to rely on judges to give them.

Judicial review of administrative acts

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