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From Humphrey's Executor To Seila Law: Ending Dual Federal Antitrust Authority, Alyson M. Cox
From Humphrey's Executor To Seila Law: Ending Dual Federal Antitrust Authority, Alyson M. Cox
Notre Dame Law Review
This Note catalogues and proposes solutions to both the traditional concerns of efficiency and fairness and the modern constitutional problems posed by the current dual enforcement structure. Part I will compare the two antitrust agencies on the basis of their structures, accountability, statutory authority, and enforcement procedures, as well as evaluate potential concerns with vesting either agency with the sole authority to enforce civil antitrust laws. Part II will evaluate the perils of the current dual enforcement structure, exploring both the traditional arguments about efficiency and fairness and the modern constitutional challenges. Part III will evaluate potential legislative solutions to …
Can A "Mere Employee" Stop You From Vaping? The Appointments Clause Applied To Rulemakers, Melinda Holmes
Can A "Mere Employee" Stop You From Vaping? The Appointments Clause Applied To Rulemakers, Melinda Holmes
Notre Dame Law Review
This Note analyzes whether actors discharging the rulemaking function of an agency are officers and discusses whether persons not appointed pursuant to the Appointments Clause can constitutionally exercise such power. Part I examines the development of the doctrine over time leading to Lucia. Part II presents possible frameworks for challenges following Lucia. Part III traces delegation of authority from Congress to the agency and from senior agency officials to the individual who actually exercises the delegated authority. In doing so, it explores how the framework should apply in the rulemaking context, focusing on the example presented by litigation …