Delegation at the Founding

JD Mortenson, N Bagley - Columbia Law Review, 2021 - JSTOR
This Article refutes the claim that the Constitution was originally understood to contain a
nondelegation doctrine. The Founding generation didn't share anything remotely …

1930s Redux: The Administrative State Under Seige

GE Metzger - Harv. L. Rev., 2017 - HeinOnline
E ighty years on, we are seeing a resurgence of the antiregulatory and antigovernment
forces that lost the battle of the New Deal. President Trump's administration has proclaimed …

A Critical Assessment of the Originalist Case Against Administrative Regulatory Power: New Evidence from the Federal Tax on Private Real Estate in the 1790s

NR Parrillo - Yale LJ, 2020 - HeinOnline
The Supreme Court is poised to toughen the nondelegation doctrine to strike down acts of
Congress that give broad discretion to administrators, signaling a potential revolution in the …

The procedure fetish

N Bagley - Michigan Law Review, 2019 - JSTOR
The strict procedural rules that characterize modern administrative law are said to be
necessary to sustain the fragile legitimacy of a powerful and constitutionally suspect …

The accountable bureaucrat

A Bernstein, C Rodríguez - YALE LJ, 2023 - HeinOnline
Common wisdom has it that bureaucrats are unaccountable to the people they regulate and
must therefore be closely supervised by elected officials or (perhaps ironically) the federal …

The independent judiciary in an interest-group perspective

WM Landes, RA Posner - The Journal of Law and …, 1975 - journals.uchicago.edu
ECONOMISTS, even those who are deeply interested in government and politics, have not
examined critically the idea of a nonpolitical, or" independent," judiciary.'Most economists …

[書籍][B] Bending the rules: Procedural politicking in the bureaucracy

RA Potter - 2019 - books.google.com
Who determines the fuel standards for our cars? What about whether Plan B, the morning-
after pill, is sold at the local pharmacy? Many people assume such important and …

Chevron step zero

CR Sunstein - Va. L. Rev., 2006 - HeinOnline
O VER twenty years after its birth, the US Supreme Court's decision in Chevron USA v.
Natural Resources Defense Council, Inc.'shows no sign of losing its influence. On the …

The absurdity doctrine

JF Manning - Harv. L. Rev., 2002 - HeinOnline
The common sense of man approves the judgment mentioned by Puffen-dorf, that the
Bolognian law which enacted," that whoever drew blood in the streets should be punished …

[書籍][B] The executive unbound: after the madisonian republic

EA Posner, A Vermeule - 2011 - books.google.com
Ever since Arthur M. Schlesinger Jr. used" imperial presidency" as a book title, the term has
become central to the debate about the balance of power in the US government. Since the …