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Full-Text Articles in Law
The Uncertain Future Of Administrative Law, Jeremy K. Kessler, Charles F. Sabel
The Uncertain Future Of Administrative Law, Jeremy K. Kessler, Charles F. Sabel
Faculty Scholarship
A volatile series of presidential transitions has only intensified the century-long conflict between progressive defenders and conservative critics of the administrative state. Yet neither side has adequately confronted the fact that the growth of uncertainty and the corresponding spread of guidance – a kind of provisional “rule” that invites its own revision – mark a break in the development of the administrative state as significant as the rise of notice-and-comment rulemaking in the 1960s and 1970s. Whereas rulemaking corrected social shortsightedness by enlisting science in the service of lawful administration, guidance acknowledges that both science and law are in need …
Power Transitions In A Troubled Democracy, Peter L. Strauss, Gillian E. Metzger
Power Transitions In A Troubled Democracy, Peter L. Strauss, Gillian E. Metzger
Faculty Scholarship
Written as our contribution to a festschrift for the noted Italian administrative law scholar Marco D’Alberti, this essay addresses transition between Presidents Trump and Biden, in the context of political power transitions in the United States more generally. Although the Trump-Biden transition was marked by extraordinary behaviors and events, we thought even the transition’s mundane elements might prove interesting to those for whom transitions occur in a parliamentary context. There, succession can happen quickly once an election’s results are known, and happens with the new political government immediately formed and in office. The layer of a new administration’s political leadership …
Introduction: The Place Of Agencies In Polarized Government, Cynthia R. Farina, Gillian E. Metzger
Introduction: The Place Of Agencies In Polarized Government, Cynthia R. Farina, Gillian E. Metzger
Faculty Scholarship
Peter Strauss's The Place of Agencies in Government: Separation of Powers. and the Fourth Branch reshaped contemporary thinking about the constitutionality of federal administrative government. When the article appeared in 1984, the Reagan Revolution was in full swing. Reagan's overtly antiregulatory policy stance and his Administration's advocacy of a highly formalist and originalist style of constitutional interpretation fundamentally challenged the post-New Deal administrative state. Aggressive interpretation of Article II led to controversial strategies of White House control: centralized rulemaking review, appointment of agency heads loyal to the President's (anti)regulatory agenda, and attacks on institutions of administrative independence such as the …
Reforming Social Security: A Practical And Workable System Of Personal Retirement Accounts, Fred T. Goldberg, Michael J. Graetz
Reforming Social Security: A Practical And Workable System Of Personal Retirement Accounts, Fred T. Goldberg, Michael J. Graetz
Faculty Scholarship
This paper details a method for implementing personal retirement accounts (PRAs) as a part of Social Security reform. The approach described here answers the following questions: how funds are collected and credited to each participants' retirement account; how money is invested; and how funds are distributed to retirees. It is designed to accommodate a variety of answers to a wide range of important policy questions; to minimize administrative costs and distribute those costs in a fair and reasonable way; to minimize the burden on employers, especially small employees who do not now maintain a qualified retirement plan; and to meet …