Browsing by Author "Vermeule, Cornelius"
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Absolute Majority Rules
Vermeule, Cornelius Adrian (Cambridge University Press, 2007)This article considers absolute majority rules, which require the affirmative vote of a majority of all those eligible to vote in the institution. I compare absolute majority rules to simple majority rules under which only ... -
Allocating Power within Agencies
Magill, Elizabeth; Vermeule, Cornelius Adrian (Yale Law School, 2013-07-17)Standard questions in the theory of administrative law involve the allocation of power among legislatures, courts, the President, and various types of agencies. These questions are often heavily informed by normative ... -
Beard and Holmes on Constitutional Adjudication
Vermeule, Cornelius Adrian (University of Minnesota Law School, 2014)What is the connection, if any, between the external perspective of the historian or political scientist and the internal perspective of lawyers and judges? That is the puzzle for constitutional law posed by Charles Beard’s ... -
Book Review
Vermeule, Cornelius Adrian (The Academy of Political Science, 2007) -
Chevron as a Voting Rule
Gersen, Jacob E.; Vermeule, Cornelius Adrian (Yale Law School, 2007)In Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., the Supreme Court created a new framework for judicial deference to agency interpretations of law: courts should defer to an agency interpretation unless ... -
Chevron as a Voting Rule
Gersen, Jacob E.; Vermeule, Cornelius Adrian (Yale Law School, 2007)In Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., the Supreme Court created a new framework for judicial deference to agency interpretations of law: courts should defer to an agency interpretation unless ... -
Chevron Has Only One Step
Stephenson, Matthew Caleb; Vermeule, Cornelius Adrian (Virginia Law Review Association, 2009)Chevron, U.S.A. v. Natural Resources Defense Council lays out a two-step process that courts must follow when they review a federal agency's construction of a federal statute. We argue that Chevron, rightly understood, has ... -
Common-Law Constitutionalism and the Limits of Reason
Vermeule, Cornelius Adrian (Columbia Law Review Association, Inc., 2007)In recent years, the central claim of common-law constitutionalism has been that precedent and tradition embody some form of latent wisdom. Judges will generally do best by deferring to the wisdom embodied in precedent and ... -
Connecting Positive and Normative Legal Theory
Vermeule, Cornelius Adrian (2014) -
Conspiracy Theories: Causes and Cures
Vermeule, Cornelius Adrian; Sunstein, Cass Robert (Wiley-Blackwell, 2009)Many millions of people hold conspiracy theories; they believe that powerful people have worked together in order to withhold the truth about some important practice or some terrible event. A recent example is the belief, ... -
Constitutional Design in the Ancient World
Lanni, Adriaan M.; Vermeule, Cornelius Adrian (Stanford Law School, 2012)This paper identifies two distinctive features of ancient constitutional design that have largely disappeared from the modern world: constitution-making by single individuals and constitution-making by foreigners. We ... -
Constitutional Showdowns
Posner, Eric A.; Vermeule, Cornelius Adrian (University of Pennsylvania, 2008) -
Conventions in Court
Vermeule, Cornelius Adrian (2013)In the Commonwealth nations, a constitutional “convention” denotes an unwritten but obligatory constitutional custom or norm. The question I will address is whether public law in the United States should be understood to ... -
Conventions of Agency Independence
Vermeule, Cornelius Adrian (Columbia Law Review Association, Inc., 2013)It is often said that the legal touchstone of agency independence is whether agency heads are removable at will or only for cause. Yet this condition is neither necessary nor sufficient for operational independence. Many ... -
The Credible Executive
Posner, Eric A.; Vermeule, Cornelius Adrian (University of Chicago Press, 2007)Legal and constitutional theory has focused chiefly on the risk that voters and legislators will trust an ill-motivated executive. This paper addresses the risk that voters and legislators will fail to trust a well-motivated ... -
Crisis Governance in the Administrative State: 9/11 and the Financial Meltdown of 2008
Vermeule, Cornelius Adrian; Posner, Eric A. (University of Chicago Press, 2010)This essay compares crisis governance and emergency lawmaking after 9/11 and the financial meltdown of 2008. We argue that the two episodes were broadly similar in outline, but importantly different in detail, and we attempt ... -
Deference and Due Process
Vermeule, Cornelius Adrian (2015)In the textbooks, procedural due process is a strictly judicial enterprise; although substantive entitlements are created by legislative and executive action, it is for courts to decide independently what process the ... -
Delegating to Enemies
Gersen, Jacob E.; Vermeule, Cornelius Adrian (Columbia Law Review Association, Inc., 2012)An axiom of institutional design is known as the ally principle: All else equal, voters, legislators, or other principals will rationally delegate more authority to agents who share their preferences (“allies”). The ally ... -
Delegating to Enemies
Gersen, Jacob E.; Vermeule, Cornelius Adrian (Columbia Law Review Association, Inc., 2012)An axiom of institutional design is known as the ally principle: all else equal, voters, legislators or other principals will rationally delegate more authority to agents who share their preferences (“allies”). The ally ... -
The Delegation Lottery
Vermeule, Cornelius Adrian (Harvard University, Harvard Law School, 2006)Replying to Matthew C. Stephenson, Legislative Allocation of Delegated Power: Uncertainty, Risk and the Choice Between Agencies and Courts, 119 Harv. L. Rev. 1035 (2006). Matthew Stephenson models "the decision calculus ...