NOTE: THE DE FACTO OFFICER DOCTRINE: THE CASE FOR CONTINUED APPLICATION. Skip over navigation
LexisNexis® Browse Law Reviews and Treatises
Skip over navigation
Sign in with your lexis.com® ID to access the full text of this article.
-OR-
Order the full text of this article if you do not have a lexis.com® ID.
 
Price: 
US $22.00 (+ tax)
 
 

Copyright 1985 The Columbia Law Review.

Columbia Law Review

NOTE: THE DE FACTO OFFICER DOCTRINE: THE CASE FOR CONTINUED APPLICATION.

JUNE, 1985

Columbia Law Review

85 Colum. L. Rev. 1121

Author

Kathryn A. Clokey

Excerpt

INTRODUCTION

An official must satisfy detailed statutory and constitutional requirements before he can claim lawful authority to exercise governmental functions. These requirements may include specific appointment and election procedures, an oath of office, and the posting of a bond. If every exercise of official authority required perfect title to office, government would be substantially impeded in its efforts to take final and effective actions. 1 Uncertainty would permeate very official action -- from the finding of a tax deficiency to the conviction of a criminal. 2 The public could not rely on an official act unless it were taken by someone who had already conclusively established his claim to office. The de facto officer doctrine prevents such uncertainty by precluding challenges to official actions on the ground of defective title in the acting official. 3 While courts have always recognized certain exceptions to the doctrine, 4 a recent District of Columbia Circuit decision threatens its continued application. 5 Andrade v. Lauer 6 enunciates a broad test for allowing a collateral title challenge to proceed which could significantly undermine the utility of the de facto officer doctrine. In response to Andrade, this Note justifies the de facto doctrine as consistent with contemporary standing considerations. The Note argues, however, that application of the doctrine is inappropriate where the transgressed title requirement directly protects the individuals who are adversely affected by the official's actions.

The Note initially describes the traditional formulation of the doctrine, its feudal origins, and its development in the ...
 
 
If you are interested in obtaining a lexis.com® ID and Password, please contact us at 1-(800)-227-4908 or visit us at http://www.lexisnexis.com/.
Search Documents
 
eg., Environmental Insurance Coverage Under the Comprehensive General Liability Policy
 
 
 
 

Lexis® Web - The only search engine that delivers free web content specifically from legal sites validated by LexisNexis® attorney editors and includes tools for faster research and more relevant results.

 
LexisNexis Store
Research Now - Go to lexis.com
Connect the Dots - Free 1 hour webcast
Share. Network. Discover. - Go to LexisNexis Communities