Penn Program on Regulation

Smarter Regulation for the “Optimizing Economy”

An economy increasingly based on algorithms will need a more sophisticated government, too.

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.

Who Decides?

Cary Coglianese assesses doctrinal limits on distinctions between presidential oversight and decision-making.

Does Anyone Know What the “Take Care Clause” Means?

Courts have used the take care clause in multiple, and sometimes conflicting, ways.

The Role of Faithful Execution in U.S. Immigration Policy

Patricia Bellia explores legality of deferred action program under the faithful execution clause.

Implementing Health Care Reform During a Political Stalemate

Nicholas Bagley analyzes expanding executive power in the name of health care reform.

Is Balance of Power a Useful Doctrine?

Eric Posner argues that “balance of power” is not a helpful concept for governing the relationship between the branches.

Constitutional Arrogance

Michael Gerhardt argues that the presidency is designed to stretch the boundaries of its power.

The Case for Greater Executive Discretion

Cass Sunstein argues that the executive branch has better information to make policy decisions than the other branches of government.

The Bounds of Executive Discretion in the Regulatory State

Penn Law hosts symposium on the legality of contemporary uses of executive power.