On Direct Exercises of Presidential Power
Myriad questions surround the role of Congress and the Supreme Court in checking presidential power.
Richard J. Pierce, Jr.
Richard J. Pierce, Jr.
Lyle T. Alverson Professor of Law
School: Law School
Professor Pierce is author of over twenty books and 130 articles on administrative law, government regulation, and the effects of various forms of government intervention on the performance of markets. His books and articles have been cited in hundreds of judicial opinions, including over a dozen opinions of the U.S. Supreme Court.
In deciding whether to overrule the Chevron doctrine, the Supreme Court should not be persuaded by mistaken invocations of a famous dictum.
Does the Constitution Require Agencies to Use Biased Judges?
The Supreme Court should uphold longstanding legislation protecting the neutrality of administrative law judges.
Merger Law Is Dante’s Inferno Revisited
The shift by agencies away from the current guidelines on mergers and acquisitions has left firms in limbo.
FTC Commissioner Wilson’s Noisy Resignation
GW Law Professor Richard J. Pierce on accusations of unethical and unconstitutional behavior by the FTC Chair
Avoiding Unduly Concentrated Clean Energy Markets
The IRS will need help to avoid unintended adverse effects in implementing the Inflation Reduction Act’s clean energy provisions.
Nostalgia for Agency Expertise
Calls for more deference to agency expertise derive from an unrealistic view of executive policymaking.
Is Chevron Deference Still Alive?
Three takeaways follow from the Supreme Court’s recent opinions ignoring Chevron v. NRDC.
Important Changes at the Intersection of Antitrust and Administrative Law
The Federal Trade Commission and the Antitrust Division of the U.S. Department of Justice will soon publish new joint guidelines applicable to mergers that raise horizontal issues in the same market and to mergers that raise vertical issues in the same supply chain.
Vaccine Mandates and Roads Not Taken
Earlier this month, a six-justice majority of the U.S. Supreme Court stayed the vaccinate-or-test mandate that the Occupational Safety and Health Administration (OSHA) imposed on employers that have more than 100 employees.