Tag: Administrative Law

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  I came upon this story at Ann Althouse’s blog the other day. I couldn’t quite make sense of what the story was about so I looked into it a bit and found a wee bit of tyranny enabled by our extensive and bloated administrative/regulatory state. It turns out that Ben Domenech, the publisher of […]

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On October 4, 2019, the Gray Center co-hosted “The Administration of Democracy⏤The George Mason Law Review’s Second Annual Symposium on Administrative Law.” For the second annual symposium, scholars wrote papers on such fundamental questions as: Is nonpartisan campaign-finance regulation possible? Who should draw electoral maps—and how? How can we best protect voting rights? How should the census be administered? How do we preserve the regulatory process’s democratic legitimacy? And, are members of Congress entitled to see the President’s tax returns? These papers are forthcoming in the George Mason Law Review. In addition, the event featured a Keynote Conversation with two former public servants with deep expertise in both governance and campaigns: Robert Bauer, former White House Counsel to President Obama, and Donald McGahn, former White House Counsel to President Trump.

The first panel focused on the administration of federal campaign finance laws. We discussed two new papers: Capital University Law School Professor Bradley Smith’s paper, “Feckless: A Critique of Criticism of the Federal Election Commission Structure, and Possible Lessons for the Administration of Campaign Finance and Election Law,” and George Washington University Law Professor Richard Pierce’s paper, “A Realistic Version of Campaign Finance Reform and Two Essential Steps Toward a Return to Effective Governance.” Pierce is affiliated with the Gray Center as a member of our Advisory Council. The discussion was moderated by the Gray Center’s Executive Director, Adam White, and also features a welcome from George Mason Law Review Editor-In-Chief, Conor Woodfin. The video is available at http://administrativestate.gmu.edu/events/the-administration-of-democracy-the-george-mason-law-reviews-second-annual-symposium-on-administrative-law/.

Richard Epstein describes a potentially groundbreaking healthcare case out of Idaho, where insurers are looking to give consumers more options than are currently allowed under the Affordable Care Act.

Adam J. White joins Brian Anderson to discuss the “administrative state,” often described as the fourth branch of the federal government. Under the Obama administration, bureaucratic agencies were aggressively utilized to bypass congressional hostility to the progressive agenda.

In 2014, President Obama declared his “pen and phone” strategy: if the Republican-controlled Congress was unwilling to act on his priorities, he would sign executive orders directing federal agencies to enforce new rules or ignore existing ones. Environmental regulations, immigration reform, and Internet neutrality were just a few areas where the Obama administration directed agencies to make substantial policy changes.

Richard Epstein analyzes the confirmation hearings of Supreme Court nominee Neil Gorsuch, compares and contrasts the judge with the late Justice Scalia, and considers the potential demise of the filibuster.

Richard Epstein examines efforts by the new Republican Congress to restrict the power of federal regulators, and explains the history of how unelected administrators came to hold so much political power.

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Article II of the US constitution begins: “The executive Power shall be vested in a President of the United States of America.” From this comes the theory of the unitary executive. As described by the Annenberg Institute, This theory holds that Congress cannot limit the president’s control of the executive branch because the Constitution sets […]

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