Constraining the President’s Appointment Power
Court holds President Obama’s appointment of acting General Counsel for the NLRB was unlawful.
The Dangers of Formulaic Deregulation
Executive Order 13,771 could lead to incidents like the Grenfell Tower fire in the United States.
The Constitutional Executive Order on Regulatory Budgets
President Trump’s regulation-trimming executive order will likely survive judicial scrutiny despite potential policy objections.
Ordering Agencies to Violate the Law
President Trump’s regulatory budget executive order withholds agency action and harms the American public.
Quantitative Models Predict Historic Obama Midnight Surge
Research forecasts a substantial increase in economically significant rules that would outpace that of the past three presidents’ final months.
Executive Power After United States v. Texas
This closely watched case highlights larger lessons about the limits on executive power.
Productivity, Inequality, and Economic Rents
Curbing excessive economic rents might bolster productivity and address rising inequality.
A Price of Greater Executive Discretion
Scholar responds to University of Pennsylvania’s executive discretion series by highlighting transparency concerns.
Conventions as Constraints on Executive Discretion
Adrian Vermeule’s closing remarks highlight the role of conventions in limiting the exercise of executive power.
Enhancing Democracy With Presidential Signing Statements
Christopher Yoo argues in defense of the use of presidential signing statements.
Using the APA to Constrain Presidential Inaction
Dan Walters argues that the Administrative Procedure Act provides the courts with the best framework for reviewing presidential inaction.
Cary Coglianese assesses doctrinal limits on distinctions between presidential oversight and decision-making.