Author Archives: Peter Conti-Brown

Trump vs. the Fed: what legal recourse?

by Peter Conti-Brown — Tuesday, Aug. 21, 2018

In the summer of 2016, I wrote in Fortune that then-candidate Trump was “the single-biggest challenge to [Fed independence] in recent memory,” and that his challenge was transparent: “this wolf comes as a wolf,” I wrote, invoking Justice Scalia. The reason is simple: Trump cannot abide separate centers of power, and he relishes tearing down […]

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Why we should lower student expectations about judicial clerkships

by Peter Conti-Brown — Friday, Dec. 22, 2017

I wrote about the Kozinski affair yesterday and today. Before signing off for the year, I want to write a bit more about the institution of law clerks and why we need to work much harder to unwind the enthusiasm for these unique positions. This is a much longer and more personal post than is usual […]

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Judicial exceptionalism and its corrosive effects

by Peter Conti-Brown — Friday, Dec. 22, 2017

I almost never read the comments on these posts–that’s rule number 1 for anyone active in internet life–but saw an alert to approve/disapprove a comment on my last post. It was from an anonymous litigator in the 9th Circuit, but it’s very good and worthy of considering what we do when we fetishize and worship […]

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The CFPB is now a part of the White House. That’s illegal.

by Peter Conti-Brown — Thursday, Dec. 21, 2017

Agency independence is a funny thing. Its existential legitimacy is the subject of a searing debate. The Harvard Law Review solicited an essay from Gillian Metzger that dives into the nature of administrative separation and independence (including with a reply essay from our own Aaron Nielson). And the en banc DC Circuit is currently reviewing […]

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Ideology and Expertise: Reflecting on Stephen F. Williams’s Maklakov

by Peter Conti-Brown — Tuesday, Nov. 28, 2017

Although our active blogging on the CFPB debacle now makes last week seem like ancient history, we had a historic occasion to host Judge Stephen F. Williams as a guest blogger. (Here is my introduction; here is Sam Halabi’s review of Judge Williams’s book; and his posts are here, here, and here.) I hope our […]