*This is the fourth post on a symposium on Jed Stiglitz’s “The Reasoning State.” For other posts in the series, click here. “[A]gencies do not have quite the prerogative of obscurantism reserved to legislatures.” This observation, one of my favorites in the widely taught United States v. Nova Scotia Food Products Corp., describes fundamental features of […]
*This is the third post on a symposium on Jed Stiglitz’s “The Reasoning State.” For other posts in the series, click here. I am delighted to participate in a symposium on Professor Jed Stiglitz’s new book, The Reasoning State. Stiglitz contends that the administrative state—and in particular, the transfer of authority from Congress to agencies—is justified […]
*This is the second post on a symposium on Jed Stiglitz’s “The Reasoning State.” For other posts in the series, click here. The Reasoning State presents a broadly interdisciplinary discussion and defense of the administrative state. Jed Stiglitz engages with history, political science, and psychology to argue that credible reasoning about policy matters, incentivized and enforced […]
*This is the first post on a symposium on Jed Stiglitz’s “The Reasoning State.” For other posts in the series, click here. In his excellent book The Reasoning State, Jed Stiglitz undertakes a major task: to develop a justification for the administrative state that is both consistent with political theory and also helps explain the normative […]
*This is the introduction to a symposium on Jed Stiglitz’s “The Reasoning State.” For other posts in the series, click here. We’ve been on a roll with symposia here at the Notice & Comment Blog! Last week we wrapped a truly remarkable series of essays about Peter Shane’s Democracy’s Chief Executive, ably organized by Andrea Scoseria […]
Consistent with recent weeks, no opinions this week. A few judgments, but nothing of note. But the Court was not on vacation! It heard argument in 11 cases, with a few likely to lead to decisions of note for administrative law types. The “big” admin case heard this past week, in terms of general media […]
In the didactic genre (or subgenre), “mirrors for princes,” philosophers instruct kings and princes how to rule. A good example is Machiavelli’s The Prince, or perhaps Giovanni Botero’s Della ragion di stato. Interestingly, it is this last work—counselling “firm rule over people”—which grounds the insurgent common good constitutionalism, the New Right’s substantive legal theory. This theory justifies a […]
Here is the October 2022 Edition of the most-downloaded recent papers (those announced in the last 60 days) from SSRN’s U.S. Administrative Law eJournal, which is edited by Bill Funk. For more on why SSRN and this eJournal are such terrific resources for administrative law scholars and practitioners, check out my first post on the subject here. You can […]
*This is the fourteenth post in a symposium on Peter Shane’s “Democracy’s Chief Executive: Interpreting the Constitution and Defining the Future of the Presidency.” For other posts in the series, click here. Democracy’s Chief Executive has the great virtue of being right. Peter Shane offers a full throated defense of a democratic, pluralistic presidency as an […]
*This is the thirteenth post in a symposium on Peter Shane’s “Democracy’s Chief Executive: Interpreting the Constitution and Defining the Future of the Presidency.” For other posts in the series, click here. In Democracy’s Chief Executive, Professor Peter Shane evocatively illustrates the prevalence and nuances of presidential “entitlement.” Shane employs stimulating historical and political narrative to […]
*This is the twelfth post in a symposium on Peter Shane’s “Democracy’s Chief Executive: Interpreting the Constitution and Defining the Future of the Presidency.” For other posts in the series, click here. Peter Shane’s Democracy’s Chief Executive is a formidable challenge to much conventional wisdom about presidential power – particularly, but not exclusively, on the right. […]
Many studies discuss remediation over corporations that are at ‘home’ in the forum state for human rights violations committed abroad, but some of the literature also discusses claims that are brought in courts in respect of foreign activities against foreign corporations. Also in the latter type of lawsuit, so-called ‘extraterritorial’ remediation has plenty of advantages […]
*This is the eleventh post in a symposium on Peter Shane’s “Democracy’s Chief Executive: Interpreting the Constitution and Defining the Future of the Presidency.” For other posts in the series, click here. A critical passage in Peter Shane’s wide-ranging and bracing new book comes late in its pages, in an analysis of the debate among scholars […]
*This is the tenth post in a symposium on Peter Shane’s “Democracy’s Chief Executive: Interpreting the Constitution and Defining the Future of the Presidency.” For other posts in the series, click here. Peter Shane is one of today’s most thoughtful commentators on separation of powers and the presidency. In numerous articles and two terrific books—Madison’s Nightmare […]
The Georgia election that pits Senator Raphael Warnock against Herschel Walker could actually determine which party realizes a majority in the narrowly divided U.S. Senate. The party which captures this majority will exercise substantial responsibility for appointing lower federal court judges. A profound duty that the U.S. Constitution assigns the Senate is rendering crucial advice […]