Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Law (2)
- SSRN (2)
- Trump (2)
- Administration (1)
- Administrative law (1)
-
- Agencies (1)
- Agency independence (1)
- Biden (1)
- Bipartisan (1)
- COVID relief bill (1)
- Carbon free (1)
- Centralization (1)
- Civil Service (1)
- Clean Air Act (1)
- Climate change (1)
- Columbia Law Review (1)
- Congress (1)
- Constitution (1)
- Constitutional obligation (1)
- Cross party collaboration (1)
- Daedalus (1)
- Democratic decline (1)
- Democratic theory (1)
- Deregulation (1)
- Digital government (1)
- EOP (1)
- EPA (1)
- Environmental Protection Agency (1)
- Federal Government (1)
- Federal regulation (1)
Articles 1 - 5 of 5
Full-Text Articles in Law
The Three Permissions: Presidential Removal And The Statutory Limits Of Agency Independence, Jane Manners, Lev Menand
The Three Permissions: Presidential Removal And The Statutory Limits Of Agency Independence, Jane Manners, Lev Menand
Faculty Scholarship
Seven words stand between the President and the heads of over a dozen “independent agencies”: inefficiency, neglect of duty, and malfeasance in office (INM). The President can remove the heads of these agencies for INM and only INM. But neither Congress nor the courts have defined INM and hence the extent of agency independence. Stepping into this void, some proponents of presidential power argue that INM allows the President to dismiss officials who do not follow presidential directives. Others contend that INM is unconstitutional because it prevents Presidents from fulfilling their duty to take care that the laws are faithfully …
Presidential Progress On Climate Change: Will The Courts Interfere With What Needs To Be Done To Save Our Planet?, Michael B. Gerrard
Presidential Progress On Climate Change: Will The Courts Interfere With What Needs To Be Done To Save Our Planet?, Michael B. Gerrard
Faculty Scholarship
The Biden Administration is undertaking numerous actions to reduce greenhouse gas emissions and transition away from fossil fuels as part of the fight against climate change. Many of these actions are likely to be challenged in court. This paper describes the various legal theories that are likely to be used in these challenges, assesses their prospects of success given the current composition of the Supreme Court, and suggests ways to minimize the risks.
Power Transitions In A Troubled Democracy, Peter L. Strauss, Gillian E. Metzger
Power Transitions In A Troubled Democracy, Peter L. Strauss, Gillian E. Metzger
Faculty Scholarship
Written as our contribution to a festschrift for the noted Italian administrative law scholar Marco D’Alberti, this essay addresses transition between Presidents Trump and Biden, in the context of political power transitions in the United States more generally. Although the Trump-Biden transition was marked by extraordinary behaviors and events, we thought even the transition’s mundane elements might prove interesting to those for whom transitions occur in a parliamentary context. There, succession can happen quickly once an election’s results are known, and happens with the new political government immediately formed and in office. The layer of a new administration’s political leadership …
Presidential Primacy Amidst Democratic Decline, Ashraf Ahmed, Karen M. Tani
Presidential Primacy Amidst Democratic Decline, Ashraf Ahmed, Karen M. Tani
Faculty Scholarship
Fifty years ago, when the Harvard Law Review asked Professor Harry Kalven, Jr., to take stock of the Supreme Court’s 1970 Term, Kalven faced a task not unlike Professor Cristina Rodríguez’s. That Term’s Court had two new members, Justices Harry Blackmun and Warren Burger. The Nixon Administration was young, but clearly bent on making its own stamp on American law, including via the Supreme Court. Kalven thus expected to see “dislocations” when he reviewed the Court’s recent handiwork. He reported the opposite. Surveying a Term that included such cases as Palmer v. Thompson, Younger v. Harris, Boddie v. …
How The Administrative State Got To This Challenging Place, Peter L. Strauss
How The Administrative State Got To This Challenging Place, Peter L. Strauss
Faculty Scholarship
Written for a dispersed agrarian population using hand tools in a local economy, our Constitution now controls an American government orders of magnitude larger that has had to respond to profound changes in transportation, communication, technology, economy, and scientific understanding. How did our government get to this place? The agencies Congress has created to meet these changes now face profound new challenges: transition from the paper to the digital age; the increasing centralization in an opaque, political presidency of decisions that Congress has assigned to diverse, relatively expert and transparent bodies; the thickening, as well, of the political layer within …