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Symbolism And Separation Of Powers In Agency Design, Kristin E. Hickman
Symbolism And Separation Of Powers In Agency Design, Kristin E. Hickman
Notre Dame Law Review
My goal with this Essay is a modest one: to raise a few reservations regarding judicial refashioning of agency design via this severance remedy for separation of powers violations. To that end, the Essay will proceed fairly straightforwardly. I will describe three cases or sets of cases in which the Supreme Court or the D.C. Circuit has employed the severance remedy: Free Enterprise Fund v. Public Company Accounting Oversight Board, a series of D.C. Circuit cases brought by the Intercollegiate Broadcasting System against the Copyright Royalty Board, and PHH Corp. v. Consumer Financial Protection Bureau. Then I will highlight three …