Regulatory commissions were invented during the Progressive Era and designed to bring
expertise-driven decision making to the administrative state. The commissions were …

An administrative agency delegated some task-protect the environment, assure the integrity
of the securities markets, improve auto safety-might carry out that obligation by adopting a …

Among fans of popular music, there is one group that is far more likely than most to respect
copyright law. These fans scrupulously observe restrictions bands impose on the copying …

ABSTRACT A big part of what agencies do-indeed, the core of their executive power-is law
enforcement. Whether it is a statute or an agency regulation, agencies make sure that …

Modern Justice Department opinions insist that the executive branch must enforce and
defend laws. In the first article to systematically examine Department of Justice refusals to …

Congress often delegates aspects of its lawmaking authority to other institutions, particularly
administrative agencies.'Such delegations have been criticized as inconsistent with the …

In this article we evaluate the relationship between political control and bureaucratic
performance using information requested by researchers via Freedom of Information Act …

The current account of executive power is incomplete. Before joining the Supreme Court,
Elena Kagan noted that the President seeks control over the executive branch. Kagan …

One of the most contentious and practically important debates about judicial authority in the
administrative state concerns the question of whether federal courts may recognize private …

When ruling on the constitutionality of the Defense of Marriage Act (DOMA) in United States
v. Windsor, the Supreme Court obliquely noted that the Obama administration's refusal to …