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Posted: March 11th, 2024
Issue: What is the main question that the courts are answering in the case
I’d like you to outline Wallace v. Bowen similar to how I’ve done in my lessons and respond to the following:
Now that you have read and understand the three main powers of agencies (legislative, executive, and judicial), would you say that agencies are the hidden “fourth branch” of government as mentioned in the first chapter? What are the checks on agency power? In a time when Congress is so divided and compromise between the parties is difficult to achieve, should more power be handed over to the agencies, who are made up of experts in the field? Are a person’s rights being truly protected if only informal adjudication is required?
Your outline of Wallace should have the following:
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Issue: What is the main question that the courts are answering in the case
Rule: What logic does the court apply to the question
Explanation: How does the court apply the rule to the issue/question
Conclusion/Holding: What did the court conclude in regards to the question. This is not whether the court remands the case or affirms it, rather how did they answer the question.
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