Event Title
The Temporary Emergency Court of Appeals: A Study in the Abdication of Judicial Responsibility
Location
Duke Law School
Start Date
20-1-1978 11:15 AM
End Date
20-1-1978 12:15 PM
Description
This Article will examine the relationship between the Temporary Emergency Court of Appeals (TECA) and the administrative agencies created to implement emergency economic legislation and will demonstrate that TECA judicial review of the peacetime economic stabilization and energy agencies has inadequately controlled administrative decisionmaking. The resolution of "the tension between expediency and principle" has not resulted in "principled fairness," but rather has resulted in almost total judicial deference to administrative expediency. In its review of the Cost of Living Council (COLC), the Price Commission, the Pay Board, the Construction Industry Stabilization Committee, the Federal Energy Office (FEO) and, currently, the Federal Energy Administration, the TECA has failed to control agency decisionmaking to such an extent that "principled fairness" has become the sacrificial lamb for the feast of regulatory urgency.
Related Paper
James R. Elkins, The Temporary Emergency Court of Appeals: A Study in the Abdication of Judicial Responsibility, 1978 Duke Law Journal 113-153 (1978)
Available at: http://scholarship.law.duke.edu/dlj/vol27/iss1/3The Temporary Emergency Court of Appeals: A Study in the Abdication of Judicial Responsibility
Duke Law School
This Article will examine the relationship between the Temporary Emergency Court of Appeals (TECA) and the administrative agencies created to implement emergency economic legislation and will demonstrate that TECA judicial review of the peacetime economic stabilization and energy agencies has inadequately controlled administrative decisionmaking. The resolution of "the tension between expediency and principle" has not resulted in "principled fairness," but rather has resulted in almost total judicial deference to administrative expediency. In its review of the Cost of Living Council (COLC), the Price Commission, the Pay Board, the Construction Industry Stabilization Committee, the Federal Energy Office (FEO) and, currently, the Federal Energy Administration, the TECA has failed to control agency decisionmaking to such an extent that "principled fairness" has become the sacrificial lamb for the feast of regulatory urgency.
Comments
This event was not recorded.