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Full-Text Articles in Law
Antitrust's Unconventional Politics, Daniel A. Crane
Antitrust's Unconventional Politics, Daniel A. Crane
Articles
Antitrust law stands at its most fluid and negotiable moment in a generation. The bipartisan consensus that antitrust should solely focus on economic efficiency and consumer welfare has quite suddenly come under attack from prominent voices calling for a dramatically enhanced role for antitrust law in mediating a variety of social, economic, and political friction points, including employment, wealth inequality, data privacy and security, and democratic values. To the bewilderment of many observers, the ascendant pressures for antitrust reforms are flowing from both wings of the political spectrum, throwing into confusion a conventional understanding that pro-antitrust sentiment tacked left and …
Three Words And The Future Of The Affordable Care Act, Nicholas Bagley
Three Words And The Future Of The Affordable Care Act, Nicholas Bagley
Articles
As an essential part of its effort to achieve near universal coverage, the Affordable Care Act (ACA) extends sizable tax credits to most people who buy insurance on the newly established health care exchanges. Yet several lawsuits have been filed challenging the availability of those tax credits in the thirty-four states that refused to set up their own exchanges. The lawsuits are premised on a strained interpretation of the ACA that, if accepted, would make a hash of other provisions of the statute and undermine its effort to extend coverage to the uninsured. The courts should reject this latest effort …
All I Really Need To Know About Antitrust I Learned In 1912, Daniel A. Crane
All I Really Need To Know About Antitrust I Learned In 1912, Daniel A. Crane
Articles
Herbert Hovenkamp has indisputably earned the deanship of contemporary antitrust scholarship. One could point to many different attributes by which he has earned his laurels: fantastic scholarly productivity; clarity and precision in the craft of writing; analytical depth in both law and economics; moderation in a field apt to polarization; and custodianship of the influential Areeda treatise. In this Essay, I hope to honor another quality that has contributed significantly to Herb’s tremendous success as an antitrust scholar—his engagement with history. Much contemporary antitrust scholarship bursts with excitement at the discovery of new phenomena or theories that in all actuality …
The President's Enforcement Power, Kate Andrias
The President's Enforcement Power, Kate Andrias
Articles
Enforcement of law is at the core of the President’s constitutional duty to “take Care” that the laws are faithfully executed, and it is a primary mechanism for effecting national regulatory policy. Yet questions about how presidents oversee agency enforcement activity have received surprisingly little scholarly attention. This Article provides a positive account of the President’s role in administrative enforcement, explores why presidential enforcement has taken the shape it has, and examines the bounds of the President’s enforcement power. It demonstrates that presidential involvement in agency enforcement, though extensive, has been ad hoc, crisis-driven, and frequently opaque. The Article thus …
Some Modest Proposals On The Vice-Presidency, Richard D. Friedman
Some Modest Proposals On The Vice-Presidency, Richard D. Friedman
Articles
There are many good things in the Constitution, but the vice-presidency isn't one of them. In Part I of this essay, I will argue that there are three basic problems with the vice-presidency: the method of nomination, the method of election, and the office itself. That just about covers the waterfront.' If we had to do it all over again, we almost certainly would not" create the system we currently have. We cannot undo history, but we do have a very strong incentive to develop a better system of succession to the presidency. Whom we choose as vice-president is a …
The Distrust Of Politics, Terrance Sandalow
The Distrust Of Politics, Terrance Sandalow
Articles
In this Article, Dean Sandalow considers the justifications advanced by those who favor the removal of certain political issues from the political process by extending the reach of judicial review. He begins by examining the distrust of politics in a different context, discussing the proposals made by the Progressives for reforming municipal government, as a vehicle to expose the assumptions underlying the current debate. His comparison of the two historical settings reveals many similarities between the Progressives' reform proposals and the contemporary justiflcations.[or the displacement of politics with constitutional law. Dean Sandalow concludes that the distrust of politics rests not …
Delegate Selection Reform And The Extension Of Law Into Politics, Joseph Vining
Delegate Selection Reform And The Extension Of Law Into Politics, Joseph Vining
Articles
The fact that the 1972 presidential election introduced the formalities and some of the ideals of law into the gestation of national political power has been overshadowed by revelations about other aspects of the election campaign. But it will not be long before power will have to be organized and generated again from apartment blocks, meeting halls, and coffee parties, and ultimately incarnated in another President. At some point hearing examiners for the National Democratic Party will appear again in various communities. Rules will be studied, records made, and appeals taken, all for the purpose of deliberately deciding who may …
The Method Of Electing The President, Thomas M. Cooley, Abram S. Hewitt
The Method Of Electing The President, Thomas M. Cooley, Abram S. Hewitt
Articles
Twice in the history of the United States the nation has been brought to the verge of civil war by difficulties growing out of presidential elections. And yet no system was ever devised with more care to preclude any reasonable complaint.
The New Federal Administration, Thomas M. Cooley
The New Federal Administration, Thomas M. Cooley
Articles
After four months of feverish excitement and anxious and depressing expectancy, during which no one could anticipate what a day might bring forth, and the prophets of evil with general accord tuned their voices to disaster, the heart of the nation made a great leap for joy when President Hayes, on the steps of the Capitol, proclaimed his firm purpose to carry into practical operation the pledges contained in his letter of acceptance. The mists which hung over the political affairs of the nation at once disappeared, the depression gave way to cheerful confidence, and dangerous excitement was supplanted by …