Regulatory Rollbacks Have Changed the Nature of Presidential Power
Strategies used by the Trump Administration will serve as a blueprint for future Presidents.
Punishing the Innocent
Congress should not sabotage regulatory authorizations with sunset provisions.
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.
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.
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.