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Agency Statutory Abnegation In The Deregulatory Playbook, William W. Buzbee
Agency Statutory Abnegation In The Deregulatory Playbook, William W. Buzbee
Georgetown Law Faculty Publications and Other Works
If an agency newly declares that it lacks statutory power previously claimed, how should such a move—what this article calls agency statutory abnegation—be reviewed? Given the array of strategies an agency might use to make a policy change or move the law in a deregulatory direction, why might statutory abnegation be chosen? After all, it is always a perilous and likely doctrinally disadvantageous strategy for agencies. Nonetheless, agencies from time to time have utilized statutory abnegation claims as part of their justification for deregulatory shifts. Actions by agencies during 2017 and 2018, under the administration of President Donald J. Trump, …
National Security Lawyering: The Best View Of The Law As A Regulative Ideal, Mary B. Derosa
National Security Lawyering: The Best View Of The Law As A Regulative Ideal, Mary B. Derosa
Georgetown Law Faculty Publications and Other Works
In The National Security Lawyer in Crisis: When the “Best View” of the Law May Not Be the Best View, Robert Bauer describes the challenges for executive branch lawyers providing advice during a national security crisis. Bauer focuses on two especially perilous episodes in United States history—the Cuban Missile Crisis and the run-up to U.S. involvement in World War II—and analyzes the legal advice Presidents Kennedy and Roosevelt, respectively, received. In both cases, widely respected lawyers gave legal advice that supported the President’s preferred outcome, but almost certainly did not represent what the lawyers considered the best view of …