Now showing items 41-60 of 64

    • The Luck of the Draw: The Role of Lotteries in Decision Making 

      Vermeule, Cornelius Adrian (Cambridge University Press, 2012)
    • Massachusetts v. EPA: From Politics to Expertise 

      Freeman, Jody; Vermeule, Cornelius Adrian (University of Chicago Press, 2007)
      In Massachusetts v. Environmental Protection Agency (2007), the Supreme Court held, among other things, that the EPA has statutory authority to regulate greenhouse gases under the Clean Air Act, and that the agency cannot ...
    • A New Deal for Civil Liberties: An Essay in Honor of Cass R. Sunstein 

      Vermeule, Cornelius Adrian (2007)
      A central, organizing motif of Cass Sunstein's work is the effort to spell out the consequences of the New Deal for American law. I suggest that anyone who shares Sunstein's premises can and should go even farther in this ...
    • The New Fable of the Bees 

      Vermeule, Cornelius Adrian (2011)
    • No 

      Vermeule, Cornelius Adrian (2014)
      Philip Hamburger has had a vision, a dark vision of lawless and unchecked power. He wants us to see that American administrative law is “unlawful” root-and-branch, indeed that it is tyrannous -- that we have recreated, in ...
    • 'No' Review of Philip Hamburger, 'Is Administrative Law Unlawful?' 

      Vermeule, Cornelius Adrian (The University of Texas, 2015)
      Philip Hamburger has had a vision, a dark vision of lawless and unchecked power. He wants us to see that American administrative law is “unlawful” root-and-branch, indeed that it is tyrannous -- that we have recreated, in ...
    • Optimal Abuse of Power 

      Vermeule, Cornelius Adrian (Northwestern University Law School, 2014)
      I will argue that in the administrative state, in contrast to classical constitutional theory, the abuse of government power is not something to be strictly minimized, but rather optimized. An administrative regime will ...
    • Originalism and Emergencies: A Reply to Lawson 

      Posner, Eric A.; Vermeule, Cornelius Adrian (The Boston University School of Law, 2007)
    • The Parliament of the Experts 

      Vermeule, Cornelius Adrian (Duke University School of Law, 2009)
      In the administrative state, how should expert opinions be aggregated and used? If a panel of experts is unanimous on a question of fact, causation, or prediction, can an administrative agency rationally disagree, and on ...
    • Power to the People 

      Vermeule, Cornelius Adrian (2011)
    • Precautionary Constitutionalism in Ancient Athens 

      Lanni, Adriaan M.; Vermeule, Cornelius Adrian (Cardozo Law Review, 2013)
      The Athenian democracy developed striking institutions that, taken together and separately, have long engaged the attention of theorists in law, politics, and history. We will offer a unifying account of the major institutions ...
    • Precautionary Constitutionalism in Ancient Athens 

      Lanni, Adriaan M.; Vermeule, Cornelius Adrian (Cardozo Law Review, 2013)
      The Athenian democracy developed striking institutions that, taken together and separately, have long engaged the attention of theorists in law, politics, and history. We will offer a unifying account of the major institutions ...
    • Recess Appointments and Precautionary Constitutionalism 

      Vermeule, Cornelius Adrian (Harvard University, Harvard Law School, 2013)
      In Noel Canning v. NLRB, 705 F.3d 490 (D.C. Cir. 2013), the D.C. Circuit held (inter alia) that the President’s constitutional power to make recess appointments does not include recesses during a session of the Senate ...
    • Regulating Political Risks 

      Vermeule, Cornelius Adrian (TU Law Digital Commons, 2011)
      This is a response to Bruce Ackerman’s Tanner Lectures, “The Decline and Fall of the American Republic,” delivered at Princeton University on April 7-9, 2010. I suggest a framework for clarifying and evaluating Ackerman’s ...
    • Same Old, Same Old 

      Vermeule, Cornelius Adrian (2012)
    • Second Opinions and Institutional Design 

      Vermeule, Cornelius Adrian (Virginia Law Review Association, 2011)
      In many settings, decision makers seek second opinions and are wise to do so. Sometimes decision makers do not seek second opinions when they should have or seek them when they should not have. The author's aim is to analyze ...
    • Selection Effects in Constitutional Law 

      Vermeule, Cornelius Adrian (Virginia Law Review Association, 2005)
      The standard consequentialist analysis of constitutional law focuses on the incentives that shape the behavior of government officials and other constitutional actors. Incentive-based accounts justify elections as a means ...
    • Self-Defeating Proposals: Ackerman on Emergency Powers 

      Vermeule, Cornelius Adrian (Fordham Law Review, 2006)
      This paper responds to Bruce Ackerman's recent book on emergency powers (After the Next Attack: Emergency Powers in an Age of Terrorism). Ackerman stumbles into a methodological pitfall by offering a self-defeating proposal: ...
    • Should Coercive Interrogation Be Legal? 

      Posner, Eric A.; Vermeule, Cornelius Adrian (Michigan Law Review, 2006)
      Coercive interrogation is now a live subject, thanks to 9/11. At one time, coercive interrogation played a role only in philosophical disputes about consequentialism, in which scholars asserted or denied that the police ...
    • Should We Have Lay Justices? 

      Vermeule, Cornelius Adrian (Stanford Law School, 2007)
      By "lay justices" I mean justices of the Supreme Court of the United States who are not accredited lawyers. Currently the number of lay justices is zero, although there is no constitutional or statutory rule that requires ...