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The protective power of the Presidency

Article Abstract:

The US President has the power to protect the country's personnel, property and instrumentalities, but not to invade citizens' private rights without authorization by Congress. This view contrasts with both the limited law enforcement executive envisioned by the Constitution and the recent trend toward expansion of presidential power. The protective power is narrower than a general emergency power. Such actions as use of force to protect US citizens abroad, protection of US interests threatened indirectly, or determination of legal duties to be enforced lie outside the scope of the protective power.

Author: Monaghan, Henry P.
Publisher: Columbia Law Review
Publication Name: Columbia Law Review
Subject: Law
ISSN: 0010-1958
Year: 1993
Analysis, Executive power

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Should a grand jury subpoena override a district court's protective order?

Article Abstract:

The conflict among US Courts of Appeals on the interplay of protective orders under Rule 26(c) of the Federal Rules of Civil Procedure and grand jury subpoenas should be resolved by implementing a modified per se rule that allows for a showing that the protective order should be maintained. The US Court of Appeals for the Fourth Circuit established the compelling need rule in Martindell v. International Telephone & Telegraph Corp. requiring the government to demonstrate a compelling need for the subpoena. Other courts have employed a per se rule in favor of grand juries.

Author: Pai, Ajit V.
Publisher: University of Chicago Law School
Publication Name: University of Chicago Law Review
Subject: Law
ISSN: 0041-9494
Year: 1997
United States, Laws, regulations and rules, Discovery (Law), Grand jury, Grand juries, Subpoena

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Boosting performance at Babergh District Council

Article Abstract:

The UK's Babergh District Council's market-driven merit pay system, adopted in 1990 for senior staff, has been extended to nearly all staff. Consultants, hired to analyze recruitment problems and high turnover, helped to devise a 13-grade performance-linked system that appears to have improved the overall organization. The performance rating system itself is quite detailed, and managers must support performance assessments with substantive comments.

Publisher: Eclipse Publications Ltd.
Publication Name: Pay and Benefits Bulletin
Subject: Law
ISSN: 0143-8328
Year: 1996
United Kingdom, Usage, Wage payment systems, Merit pay, Pay structure

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