Administrative Prescription and Imposition of Penalties

Whether or not the power to prescribe conduct and the power to state the consequences of disobeying the prescription are analytically different, sensitivity concerning legislative delegation does mount when administrators become penalizers. At the same time, however, a trend continues toward empowering administrators to set penalties by rule or to impose them in individual instances. The efficacy of conventional penal processes is far from being universally acknowledged. The search for other means of enforcing desired standards of behavior therefore remains active. The law is in a somewhat turbulent state of flux between the traditional and the not yet extensively tested

Limitations on Contract Termination Rights—Franchise Cancellations

The remarkable growth in recent years of franchise contracts as a means of marketing a variety of goods and services has been accompanied by an increase in litigation over franchise terminations. To date, however, the courts have provided only stopgap protections against the gravest abuses. Some courts have imposed subjective good faith limitations and a few legislatures have broached the area, but the results have not been satisfactory. Behind the franchise termination situation often lie elementary considerations of fairness which the courts in other contexts have been able to deal with by expanding established principles of contract law. The application of these principles to franchise terminations is the subject of this article