Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Agencies (1)
- Arbitrariness (1)
- Authority (1)
- Capriciousness (1)
- Equity (1)
-
- Ex parte Merryman (1)
- Executive Office of the President (1)
- Executive oversight (1)
- Executive power (1)
- Habeas corpus (1)
- Jefferson (Thomas) (1)
- Judicial review (1)
- Lincoln (Abraham) (1)
- Louisiana Territory (1)
- Practical legitimacy (1)
- Preliminary injunctions (1)
- Prerogative power (1)
- Standard of review (1)
- Steel mills (1)
- Taft-Hartley Act (1)
- Truman (Harry) (1)
Articles 1 - 2 of 2
Full-Text Articles in Law
Examining Presidential Power Through The Rubric Of Equity, Eric A. White
Examining Presidential Power Through The Rubric Of Equity, Eric A. White
Michigan Law Review
In this Note I propose a method to examine presidents' actions taken outside the normal bounds of executive power by employing the general rubric of equity, in an attempt to find when the president acts with what I term "practical legitimacy." This would be a new category for executive actions that, while perhaps arguably illegal, are so valuable that we want to treat them as legitimate exercises of executive power. To do so, I first examine the history of equity, noting the many relevant parallels to our modern conception of executive power In light of these parallels, I argue that …
Irrelevant Oversight: "Presidential Administration" From The Standpoint Of Arbitrary And Capricious Review, Daniel P. Rathbun
Irrelevant Oversight: "Presidential Administration" From The Standpoint Of Arbitrary And Capricious Review, Daniel P. Rathbun
Michigan Law Review
The president is now regularly and heavily involved in the decisionmaking processes of administrative agencies. What began in the mid-twentieth century as macro-level oversight has evolved, since the Reagan Administration, into controlling case-level influence. Scholars have hotly debated the legality of this shift and have compellingly demonstrated the need to ensure that agencies remain accountable and that their decisions remain nonarbitrary in the face of presidential involvement. However, as this Note demonstrates, the existing scholarship has not provided an adequate solution to these twin problems. This Note provides a novel and effective solution to the accountability and arbitrariness problems of …