Event Title

Presidential Exemption from Mandatory Retirement of Members of the Independent Regulatory Commissions

Presenter Information

Harold H. Bruff

Location

Duke Law School

Start Date

6-2-1976 11:15 AM

End Date

6-2-1976 12:15 PM

Description

This Article examines the appropriateness of applying the mandatory retirement and presidential exemption provisions to members of the independent regulatory agencies. Although there has never been a definitive judicial resolution of the question whether statutes setting the terms of independent commissioners should be read as implied exceptions to the Retirement Act, the legislative history of the Act and Supreme Court decisions in the analogous area of presidential removal of independent commissioners suggest the appropriateness of such a reading. The discussion begins with a survey of the past use of the exemption power in order to illustrate the characteristics of the practice and the potential for abuse that flows from it.

Comments

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Related Paper

Harold H. Bruff, Presidential Exemption from Mandatory Retirement of Members of the Independent Regulatory Commissions, 1976 Duke Law Journal 249-279 (1976)

Available at: http://scholarship.law.duke.edu/dlj/vol25/iss2/3


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Feb 6th, 11:15 AM Feb 6th, 12:15 PM

Presidential Exemption from Mandatory Retirement of Members of the Independent Regulatory Commissions

Duke Law School

This Article examines the appropriateness of applying the mandatory retirement and presidential exemption provisions to members of the independent regulatory agencies. Although there has never been a definitive judicial resolution of the question whether statutes setting the terms of independent commissioners should be read as implied exceptions to the Retirement Act, the legislative history of the Act and Supreme Court decisions in the analogous area of presidential removal of independent commissioners suggest the appropriateness of such a reading. The discussion begins with a survey of the past use of the exemption power in order to illustrate the characteristics of the practice and the potential for abuse that flows from it.