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Brigham Young University Journal of Public Law

2023

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Reclaiming Humphrey’S Executor: Expertise And Impartiality In The Ftc, Thomas Smith Oct 2023

Reclaiming Humphrey’S Executor: Expertise And Impartiality In The Ftc, Thomas Smith

Brigham Young University Journal of Public Law

The commissioners of the Federal Trade Commission (FTC) sit just beyond the president’s removal power, for now. The U.S. Supreme Court has all but overruled Humphrey’s Executor, which declared the constitutionality of the FTC’s statutory protections from at-will presidential removal. Recent rulings in Seila Law, Free Enterprise Fund, and Collins held that restrictions on the president’s removal of various government agency officials are unconstitutional. Despite these cases, the Court has not directly overruled Humphrey’s Executor, and in theory, its precedent still provides the FTC commissioners with protection from the president’s removal power. However, the modern FTC is easily distinguishable from …


Recapturing The Orphan Drug Act: An Analysis Of Proposals, Rajdeep Trilokekar Sep 2023

Recapturing The Orphan Drug Act: An Analysis Of Proposals, Rajdeep Trilokekar

Brigham Young University Journal of Public Law

No abstract provided.