Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
3 Cards in this Set
- Front
- Back
|
What case stands for legislative pressure and what were the facts and holding from that case? |
Pillsbury Co. Facts:FTC ordered Pillsbury to divest itself of the assets oftwo companies it had acquired. The Senate subcommittee barraged thechairman of the FTC with questions challenging his view of the statutoryrequirements used as the basis of the order. The court found the Senateproceedings an improper intrusion into the adjudicatory processes of the FTCand were so damaging as to have required at least some of the members of theCommission in addition to the chairman to be disqualified. Such action by theSenate subcommittee sacrifices the appearance of impartiality. The courtremanded the case back to the FTC, because there had been a passage of time anda change in the FTC leadership. Rule: No substantive examinationof agency decision maker on merits on their decision making mindset concurringpending action.· Seen as undue influence. · Interested parties now includeCongress (under 557(d)) |
|
|
What types of Proceedings does Pillsbury apply to? |
Informal Adjudication: What types of proceedings does Pillsburyapply to?o
D.C. Federation of CivicAss’n v. Volpe: made the point that when wesay Congress can’t talk to agency heads, we are only referring to quasijudicial proceedings§ In other words, congress counts as interested party and fall under exparte rules when it related to a formal adjudicatory hearing, but nototherwise. · Preliminary investigations: o DCP Farms v. Yeutter : trend = courts are cautious in limiting legislative intervention. o The issue here was an extraneous issue· Under 551(14) Congress has theright to ask for status reports. |
|
|
filler card |
bahafdka;hfadio;wjieo'
|
