Tag Archives: executive power

The Obstruction Statute as Structural Law, by Aneil Kovvali

by Guest Blogger — Monday, July 24, 2017

In a recent working paper and op-ed, Professors Daniel Hemel and Eric Posner argue that the federal statute banning obstruction of justice applies to the president, and that the president would violate the statute if he intervened in an investigation to advance his personal interests. Hemel and Posner suggest that this can be reconciled with […]

Musings on EO 13771’s Impact on ‘Off-Balance Sheet’ Regulations, by Erin Noakes

by Guest Blogger — Thursday, Feb. 9, 2017

Agencies have long known that the formal promulgation of rules is a regimented process, involving codification of requirements and consideration of public comments. The natural curb on agency evasion of this onerous process is the potential threat of lawsuits under the APA, but EO 13771 generates another, possibly more stringent curb.   The Jan. 30, […]

The Deep Incoherence of Trump’s Executive Order on Regulation, by Jonathan S. Masur

by Guest Blogger — Tuesday, Feb. 7, 2017

President Trump’s “Executive Order on Reducing Regulation and Controlling Regulatory Costs” has received a fair amount of attention for its “2-for-1” formula: if an agency wishes to promulgate a new regulation, it must “identify at least two existing regulations to be repealed.” But there is an additional requirement built into the executive order that has […]

Marshall on Pozen on Separation of Powers and Self-Help Countermeasures (AdLaw Bridge Series)

by Chris Walker — Wednesday, Nov. 5, 2014@chris_j_walker

In my first AdLaw Bridge Series post, I reviewed David Pozen‘s Self-Help and the Separation of Powers, which was just published in the Yale Law Journal. As I mentioned in that post, the article’s practical (and political) implications should not be overlooked. Professor Pozen is careful to note, repeatedly, that the purpose of the paper is not to […]

Pozen on Separation of Powers and Self-Help Countermeasures (AdLaw Bridge Series)

by Chris Walker — Monday, Sept. 15, 2014@chris_j_walker

Perhaps due in part to a hopelessly gridlocked Congress, we live in an era of executive discretion. The White House has delayed the Affordable Care Act’s employer mandate. The Department of Homeland Security has announced that it will stop deporting certain noncitizens who are currently required to be removed by statute and refocus its efforts […]