Delegation, Time, and Congressional Capacity
Courts should continue to apply canons of construction narrowly to limit the broad congressional delegation of power.
Regulate Non-Competes by Administrative Adjudication
The FTC should use adjudications to establish policy on employment non-compete clauses.
Can the U.S. Outpace Disease Outbreaks?
In the United States, disease outbreaks challenge emergency preparedness.
Week in Review
Congress passes a funding package of $8.3 billion to contain the coronavirus, the Supreme Court will hear a case on the Affordable Care Act’s individual mandate, and more…
Institutional Gridlock
Without structural change, Congress will remain unable to legislate effectively.
Delegation and Time … and Staff
Without an adequate amount of staff Congress cannot govern effectively.
Current Law Helps Shield Attorney General From Independent Review
A government watchdog office needs authority to investigate issues related to federal prosecutions.
How Long is Too Long for Legislative Delegation?
The temporal problem of delegation is rooted in empirical evidence.
Regulation of AI Should Reflect Current Experience
Federal guidance on artificial intelligence needs additions to ensure the U.S. has a seat at the international table.
Reviving Congress’s Ambition
Regular reauthorization of statutes can fix congressional delegation’s temporal problem.
Reinvigorating Congressional Reauthorization
Leading scholars debate proposal for Congress to sunset its statutes and require reauthorization.
Is Most of the Federal Government Unconstitutional?
The academic debate over the history and the future of the nondelegation doctrine is far from over.