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Unitary Innovations And Political Accountability, Edward H. Stiglitz
Unitary Innovations And Political Accountability, Edward H. Stiglitz
Cornell Law Faculty Publications
An important trend in administrative and constitutional law is to attempt to concentrate ever-greater control over the administrative state in the hands of the President. As the Supreme Court recently reminded us in Free Enterprise Fund v. Public Company Accounting Oversight Board, one foundation for this doctrinal trend is a fear that diffusing power diffuses accountability. Here, I study whether institutional innovations resulting from such judicial decisions support this functionalist constitutional value of political accountability, emphasizing under-appreciated complications arising out of interbranch relations. For most of the Article, I conduct an indepth empirical case study of the legislative veto, one …
What's It Worth? Jury Damage Awards As Community Judgments, Valerie P. Hans
What's It Worth? Jury Damage Awards As Community Judgments, Valerie P. Hans
Cornell Law Faculty Publications
No abstract provided.
Property's Ends: The Publicness Of Private Law Values, Gregory S. Alexander
Property's Ends: The Publicness Of Private Law Values, Gregory S. Alexander
Cornell Law Faculty Publications
Property theorists commonly suppose that property has as its ends certain private values, such as individual autonomy and personal security. This Essay contends that property’s real end is human flourishing, that is, living a life that is as fulfilling as possible. Human flourishing, although property’s ultimate end, is neither monistic nor simple. Rather, it is inclusive and comprises multiple values. Those values, the content of human flourishing, derives, at least in part, from an understanding of the sorts of beings we are―social and political. A consequence of this conception of the human condition is that the values that constitute human …
Unaccountable Midnight Rulemaking? A Normatively Informative Assessment, Edward H. Stiglitz
Unaccountable Midnight Rulemaking? A Normatively Informative Assessment, Edward H. Stiglitz
Cornell Law Faculty Publications
Under a common view, the administrative state inherits democratic legitimacy from the President, an individual who is envisioned both to control administrative agencies and to be electorally accountable. Presidents' administrations continue issuing rules, however, even after Presidents lose elections. Conventional wisdom holds that Presidents use the "midnight" period of their administrations-the period between the election and the inauguration of the next President-to issue unpopular and controversial rules. Many regard this midnight regulatory activity as democratically illegitimate. Yet we have scant evidence that presidential administrations in fact issue controversial or unpopular rules during the midnight period. In this Article, I examine …