Reinventing a Federal Company

“delegation Of Powers To And Within Government Corporations” By Harvey Pinney

In the Philippines, state-owned enterprises are known as government-owned and controlled corporations . They can range from the Social Security System and the Philippine Coconut Authority with no counterparts in the private sector, to Land Bank of the Philippines, a wholly government-owned bank that competes with private banks. By statute, both the CPB and the LSC are not-for-profit corporations chartered under the laws of the District of Columbia (47 U.S.C. 396 and 42 U.S.C. 2996). That said, the Cherry Cotton Mills decision indicates that the Supreme Court, not Congress, is the ultimate arbiter of what is and is not a government corporation. In the 1946 case of Cherry Cotton Mills v. United States (327 U.S. 536), the Supreme Court held that government corporations are agencies of the United States.

Model legislation has flourished as gridlock in Congress forced special interest groups to look to the states to get things done, she said. Industry groups have had extraordinary success pushing copycat bills that benefit themselves. More than 4,000 such measures were introduced during the period analyzed by USA TODAY/Arizona Republic.

Founded in 1958, the corporate agency conducts research into civilian and military aerospace systems. From its beginnings during the Kennedy Administration, through the moon landings and the age of space shuttles, NASA has advanced space exploration using manned and unmanned vehicles. Parastatals in Kenya, partly from a lack of expertise and endemic corruption, have largely inhibited economic development. In 1979, a presidential commission went as far as saying that they constituted “a serious threat to the economy”, and, by 1989, they had still not furthered industrialization or fostered the development of a Black business class. In India, state-owned enterprise is termed a Public Sector Undertaking or a Central Public Sector Enterprise . These companies are owned by the Union Government, or one of the many state or territorial governments, or both.

In the 1970s, Ralph Nader’s group Public Citizen brought a First Amendment challenge to limits on commercial advertising. Legal scholar Adam Winkler argues that Public Citizen’s advocacy led directly to Citizens United. In his majority opinion in that case, Justice Anthony Kennedy said that the public has a right to know corporations’ views. Public Citizen now decries corporate personhood; if truth be told, it’s their own fault. For three months in 2010, Americans woke each morning to the news of another 50,000 barrels of crude spewing into the coastal waters of the Gulf of Mexico. In a legal system without corporate personhood, the channel for that outrage would be limited to lawsuits and criminal inquiries against individual human beings responsible—managers, workers, and contractors.

One court has relied on non-Privacy Act case law concerning grand jury records to hold that a grand jury transcript, “though in possession of the U.S. Attorney, is not a record of the Justice Department within the meaning of the Privacy Act.” Kotmair v. DOJ, No. S , slip op. at 1 (D. Md. July 12, 1994) (citing United States v. Penrod, 609 F.2d 1092, 1097 (4th Cir. 1979), for above proposition, but then confusingly not applying same theory to analysis of FOIA accessibility), aff’d, 42 F.3d 1386 (4th Cir. 1994) .

As a general proposition, the attorney general is vested with central control over the litigation to which the U.S. government is a party. This report will be updated in the event of a significant development.

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