Event Title

Independent Agencies: Government's Scourge or Salvation?

Presenter Information

Aulana L. Peters

Location

Duke Law School

Start Date

26-2-1988 2:30 PM

End Date

26-2-1988 3:00 PM

Description

This symposium invites reflection on a number of important questions concerning the independence of the independent regulatory agencies. Three such questions are briefly examined in this essay: First, what is the nature of an independent agency? Second, why should regulatory agencies be independent? Finally, what constrains, and what ought to constrain, an agency's independence? These questions are considered against the backdrop of the legal debate about the constitutional legitimacy of independent regulatory agencies that has been raging since Congress created the first such agency a hundred years ago. The thoughts and conclusions offered in this essay draw on the history and recent experience of the United States Securities and Exchange Commission ("SEC" or "the Commission"), long recognized as one of the finest independent agencies.

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Related Paper

Aulana L. Peters, Independent Agencies: Government’s Scourge or Salvation?, 1988 Duke Law Journal 286-296 (1988)

Available at: http://scholarship.law.duke.edu/dlj/vol37/iss2/7

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Feb 26th, 2:30 PM Feb 26th, 3:00 PM

Independent Agencies: Government's Scourge or Salvation?

Duke Law School

This symposium invites reflection on a number of important questions concerning the independence of the independent regulatory agencies. Three such questions are briefly examined in this essay: First, what is the nature of an independent agency? Second, why should regulatory agencies be independent? Finally, what constrains, and what ought to constrain, an agency's independence? These questions are considered against the backdrop of the legal debate about the constitutional legitimacy of independent regulatory agencies that has been raging since Congress created the first such agency a hundred years ago. The thoughts and conclusions offered in this essay draw on the history and recent experience of the United States Securities and Exchange Commission ("SEC" or "the Commission"), long recognized as one of the finest independent agencies.