Author Archives: Daniel Hemel

Why Do Nations Obey International IP Law?

by Daniel Hemel — Wednesday, Oct. 3, 2018

The wealth of nations lies largely in intangible form. The World Bank estimated in a 2011 report that intangible capital constituted more than three quarters of the world’s wealth. And the distribution of intangible capital is highly uneven. Estimates from the same World Bank report indicate that high-income OECD countries, which account for approximately 14% […]

Cost-Benefit Analysis of Tax Regulations: A Case Study (with Jennifer Nou and David Weisbach)

by Daniel Hemel — Friday, July 27, 2018

[Note: This post is co-authored with University of Chicago Law School colleagues Jennifer Nou and David Weisbach.] The Treasury Department and the Internal Revenue Service (IRS) have submitted a proposed rule regarding the new passthrough deduction to the Office of Information and Regulatory Affairs (OIRA) for review. This appears to be the first tax regulation labeled as “economically significant” […]

In Praise of Privatization

by Daniel Hemel — Thursday, Mar. 8, 2018

Jon D. Michaels’s new book, Constitutional Coup: Privatization’s Threat to the American Republic, offers a creative and—in my view—persuasive defense of the modern administrative state. I agree with Michaels that the tripartite allocation of authority among agency leaders, civil servants, and federal courts endows the administrative state with a measure of democratic legitimacy while also […]

English v. Trump and “Shall” v. “May”

by Daniel Hemel — Monday, Nov. 27, 2017

The deputy director of the Consumer Financial Protection Bureau, Leandra English, has filed a lawsuit asking a federal district court to prevent President Trump from installing Mick Mulvaney, who is currently the director of the Office of Management and Budget, as the CFPB’s acting chief. Based on everything I know, I think that English would do a […]

For Better or Worse, Mick Mulvaney Probably Is the Acting Director of the CFPB

by Daniel Hemel — Sunday, Nov. 26, 2017

President Trump says that Mick Mulvaney is the acting director of the Consumer Financial Protection Bureau. Outgoing bureau chief Richard Cordray says that his deputy, Leandra English, is the acting director in his stead. Unfortunately, I think this is one issue on which the Trump administration appears to have the better of the argument. I say “unfortunately” […]

Maybe the Trump Administration Does Have Statutory Authority To Continue Paying Cost-Sharing Subsidies After All

by Daniel Hemel — Tuesday, Oct. 17, 2017

California and 17 other states are suing the Trump administration to stop it from cutting off cost-sharing reduction (CSR) payments to health insurers under the Affordable Care Act. (Note that this is different from the strategy that Tom Baker and I proposed this past April, and that I wrote about in the Washington Post yesterday, which would involve states paying the insurers themselves […]

Trump Can’t Revoke DACA Without Going Through Notice and Comment

by Daniel Hemel — Tuesday, Sept. 5, 2017

President Trump is expected to announce today that his administration will end the Deferred Action for Childhood Arrivals (DACA) program, which allows undocumented immigrants who arrived in the United States before their 16th birthday to obtain work permits and certain other federal benefits. DACA beneficiaries, commonly known as “Dreamers,” are likely to challenge Trump’s decision […]

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Partisan Balance Requirements From Carter to Obama (and Trump)

by Daniel Hemel — Friday, Aug. 11, 2017

This post by Brian Feinstein and Daniel Hemel is based on the authors’ draft article, Partisan Balance With Bite, which is forthcoming in the Columbia Law Review. President Trump last week nominated two individuals to the Federal Energy Regulatory Commission: Kevin McIntyre and Richard Glick. McIntyre is an unsurprising choice: he is a partner at […]

The Russia Sanctions Bill Is Unconstitutional — and Unnecessarily So

by Daniel Hemel — Tuesday, July 25, 2017

The bill to impose sanctions on Russia for meddling in the 2016 election—which passed the Senate by a 98-2 vote in June and passed the House by a 419-3 margin this afternoon—is unconstitutional. Unnecessarily unconstitutional. Indeed, the bill’s unconstitutionality is so gratuitous that one wonders whether it resulted from a mere oversight or whether it […]

Why Hasn’t Rod Rosenstein Recused Himself From the Russiagate Probe?

by Daniel Hemel — Sunday, May 21, 2017

Deputy Attorney General Rod Rosenstein should recuse himself from the probe into the Trump campaign’s ties to Russia and the President’s apparent attempt to obstruct the FBI’s inquiry. Rosenstein himself played a key role in the events at the center of the controversy, and his continued involvement casts a shadow over the ongoing investigation. So […]

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