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Now showing items 31-40 of 64
Ideals and Idols
(2011)
No
(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 ...
Regulating Political Risks
(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 ...
The Facts About Unwritten Constitutionalism: A Response to Professor Rubenfeld
(Duke University School of Law, 2001)
Conventions of Agency Independence
(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 ...
Chevron as a Voting Rule
(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 ...
Second Opinions and Institutional Design
(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 ...
Precautionary Constitutionalism in Ancient Athens
(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 ...
Local Wisdom
(2012)