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Full-Text Articles in Law
United States V. Arthrex Inc.: Clarifying Appointments Clause Requirements For Administrative Judges, Albert Barkan
United States V. Arthrex Inc.: Clarifying Appointments Clause Requirements For Administrative Judges, Albert Barkan
Duke Journal of Constitutional Law & Public Policy Sidebar
Article II of the United States Constitution details the methods by which presidential subordinate officers must be appointed. Despite its presence in the Constitution’s original text, the Appointments Clause remains ambiguous. The Clause provides different appointment processes for principal and “inferior officers,” but does not distinguish between these officers’ functions. In United States v. Arthrex, Inc., the Supreme Court must clarify the relationship between an Executive officer’s responsibilities and their appointment process.
Dhs V. Regents Of The University Of California: Administrative Law Concerns In Repealing Daca, Charles Fendrych
Dhs V. Regents Of The University Of California: Administrative Law Concerns In Repealing Daca, Charles Fendrych
Duke Journal of Constitutional Law & Public Policy Sidebar
On its surface, deferred action is simple: it is a decision by Executive Branch officials to postpone deportation proceedings against an individual or group that is otherwise eligible to be removed from the United States.Deferred action is an exercise of the Executive’s inherent authority to manage its policies, but is not expressly grounded in statute Despite this lack of statutory authority, Congress and the Supreme Court have historically recognized deferred action policies. Indeed, records of such Executive discretion date back to the early twentieth century.The Executive, grounding its justification in humanitarian concerns, has continued to institute categorical deferred action programs …
A Power Struggle: Demand Response And The Limits Of Ferc’S Authority, Adrien Dumoulin-Smith, Geoffrey Wright
A Power Struggle: Demand Response And The Limits Of Ferc’S Authority, Adrien Dumoulin-Smith, Geoffrey Wright
Duke Journal of Constitutional Law & Public Policy Sidebar
This Commentary details a recent Supreme Court case which dealt with the question of the extent of a federal agency’s authority to regulate retail markets for electric power or whether the agency was restricted only to regulation of wholesale markets. In this case, the Court held that the federal agency had jurisdiction over wholesale markets, regardless of the impact in retail markets. This Commentary argues that the Court reached the correct result as a matter of statutory interpretation but also argues that the Court was insufficiently deferential to the agency in interpreting the extent of that agency’s jurisdiction under the …