Notice & Comment

Author: Peter Conti-Brown

Notice & Comment

The Logic of Institutional Change: A Comment on Halabi’s Intellectual Property and the New International Economic Order

Don’t let the title deceive you: this is not simply a book about international intellectual property law (though it is obviously at least that). Sam’s rich account of the asymmetries in international intellectual property protections and the ways that poorer countries fight back bears on a cross-disciplinary conversation in institutional change that is worth highlighting, […]

Notice & Comment

Trump vs. the Fed: what legal recourse?

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 […]

Notice & Comment

Judicial exceptionalism and its corrosive effects

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 […]

Notice & Comment

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

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 […]

Notice & Comment

Janet Yellen, Fed Chair Emerita, Governor Extraordinaire

With the news that President Trump decided to break decades of tradition in failing to reappoint Janet Yellen, the question now turns to Yellen’s post-Chair fate. Quirks in the governance of the Federal Reserve I’ll describe in a moment mean that her options aren’t just about retirement: although unusual, Yellen could stay at the Fed […]

Notice & Comment

The Fed’s Governance Crisis

I’ve written about the relatively new problem of chronic Fed vacancies before (see here), but we’re setting new records. With the just-announced resignation of Vice Chair Stanley Fischer 18 months before his leadership term expired, we face another potential milestone: the first time in the Fed’s history that we have only three sitting Governors. I’ll […]