This Feature deepens and seeks to provide a foundation for the current broadening in the
antitrust debate and, ultimately, in adjacent areas relating to market organization. As …

Like police officers patrolling the streets for crime, the front lines for most large business
regulators—Environmental Protection Agency engineers, Consumer Financial Protection …

" The executive Power shall be vested in a President of the United States of America." The
Executive Vesting Clause is one of three originalist pillars for the unitary executive theory …

This report was prepared for the Administrative Conference of the United States pursuant to
a consultant contract with the Office of the Chairman. While it has been widely circulated for …

Third-party standing is relevant to a wide range of constitutional and statutory cases. The
Supreme Court has said that, to assert such standing, a litigant must ordinarily have a close …

A defense of regulatory agencies' efforts to combine public consultation with bureaucratic
expertise to serve the interest of all citizens The statutory delegation of rule-making authority …

This sentence from Marbury v. Madison2 is both a potential argument against the unitary
executive theory of total executive removal power... and in favor of it. Why was William …

Akhil Amar's hyperformalistic syllogism is representative of a series of mistaken assumptions
in support of a unitary executive theory of unconditional presidential power. Is it" undeniable …

This Article challenges the historical foundation for a series of major Supreme Court
precedents, both old and new, concerning presidential removal. It is also a cautionary tale …

The question of how best to design a new agency is of immense public importance.
Congress creates new agencies and reforms agency structures with some regularity, while …