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Full-Text Articles in Law
The Statutory Separation Of Powers, Sharon B. Jacobs
The Statutory Separation Of Powers, Sharon B. Jacobs
Publications
Separation of powers forms the backbone of our constitutional democracy. But it also operates as an underappreciated structural principle in subconstitutional domains. This Article argues that Congress constructs statutory schemes of separation, checks, and balances through its delegations to administrative agencies. Like its constitutional counterpart, the “statutory separation of powers” seeks to prevent the dominance of factions and ensure policy stability. But separating and balancing statutory authority is a delicate business: the optimal balance is difficult to calibrate ex ante, the balance is unstable, and there are risks that executive agencies in particular might seek expansion of their authority vis-à-vis …
The Incompatibility Principle, Harold H. Bruff
Judicial Supremacy And The Settlement Function, Robert F. Nagel
Judicial Supremacy And The Settlement Function, Robert F. Nagel
Publications
No abstract provided.
That The Laws Shall Bind Equally On All: Congressional And Executive Roles In Applying Laws To Congress, Harold H. Bruff
That The Laws Shall Bind Equally On All: Congressional And Executive Roles In Applying Laws To Congress, Harold H. Bruff
Publications
No abstract provided.
Initiative Enigmas, Richard Collins
The Federalist Papers: The Framers Construct An Orrery, Harold H. Bruff
The Federalist Papers: The Framers Construct An Orrery, Harold H. Bruff
Publications
No abstract provided.
Independent Counsel And The Constitution, Harold H. Bruff
Independent Counsel And The Constitution, Harold H. Bruff
Publications
No abstract provided.
The Legislative Veto, The Constitution, And The Courts, Robert F. Nagel
The Legislative Veto, The Constitution, And The Courts, Robert F. Nagel
Publications
No abstract provided.
Controlling The Structural Injunction, Robert F. Nagel
Controlling The Structural Injunction, Robert F. Nagel
Publications
No abstract provided.
Judicial Review And The President's Statutory Powers, Harold H. Bruff
Judicial Review And The President's Statutory Powers, Harold H. Bruff
Publications
No abstract provided.
Log-Rolling And Judicial Review, Michael J. Waggoner
Log-Rolling And Judicial Review, Michael J. Waggoner
Publications
No abstract provided.
Congressional Control Of Administrative Regulation: A Study Of Legislative Vetoes, Harold H. Bruff, Ernest Gellhorn
Congressional Control Of Administrative Regulation: A Study Of Legislative Vetoes, Harold H. Bruff, Ernest Gellhorn
Publications
Several administrative programs contain provisions allowing Congress to veto agency rules, and there is now a bill before Congress to extend this veto power to all agency rulemaking. In this Article, Professor Bruff and Dean Gellhorn analyze the histories of five federal programs subject to the legislative veto to determine the effect of the veto on the rulemaking process and on the relationships between the branches of government. Extrapolating from this practical experience, they suggest that a general legislative veto is unlikely to increase the overall efficiency of the administrative process, may impede the achievement of reasoned decisionmaking based on …
Presidential Exemption From Mandatory Retirement Of Members Of The Independent Regulatory Commissions, Harold H. Bruff
Presidential Exemption From Mandatory Retirement Of Members Of The Independent Regulatory Commissions, Harold H. Bruff
Publications
No abstract provided.