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Today the executive branch is generally seen as the most dangerous branch. Many worry that the executive branch now defies or subsumes the separation of powers. In response, several Supreme Court Justices and prominent scholars assert that the very separation-of-powers principles that determine the structure of the federal government as a whole apply with full force within the executive branch. In particular, they argue that constitutional law prohibits the accumulation of more than one type of power—legislative, executive, and judicial—in the same executive official or government entity. We refer to this as the anti-accumulation principle. The consequences of this principle, applied to its full extension, are vast. It would invite a new era of constitutional policing of the internal structure of the executive branch and administrative agencies. This Article argues that separation-of-powers law contains no anti-accumulation principle. Unable to find textual support in the Constitution for this principle, proponents latch on to but misread James Madison's famous statement that the "accumulation of all powers . . . in the same hands . . . may justly be pronounced the very definition of tyranny." Functional considerations—like fairness, avoiding the triumph of faction, and efficiency— also do not justify the anti-accumulation principle or its application internally to the executive branch. The anti-accumulation principle is generally posited by jurists and scholars whose leanings are formalist and conservative. However, a set of liberal scholars commit the same error. More focused on checks and balances than on pure separation of powers, these scholars either defend or seek to reform the current structure of the executive branch. In doing so, they either invoke or assume the existence of an anti-accumulation principle, working from the premise that the principles that justified the allocation of power among the three branches must also apply within the executive branch. While the executive branch needs greater constraint, separation of powers neither requires greater internal divisions nor provides a robust menu for reform. To the extent valid constitutional concerns underlie the anti-accumulation principle, they rest on due process and should be evaluated as such.

This updated edition provides a thorough overview of the law of judicial and political control of federal agencies. The primary focus is on the availability and scope of judicial review, but the book also discusses the control exercised by the U.S. President and Congress. This comprehensive guide is a companion to two other titles published by the Section of Administrative Law and Regulatory Practice: A Guide to Federal Agency Adjudication and A Guide to Federal Agency Rulemaking. ; https://larc.cardozo.yu.edu/faculty-edited/1017/thumbnail.jpg

This casebook is ideal for any introduction to law or legal method course. It is designed to develop analytic, interpretive, and advocacy skills that will be helpful to students across the range of substantive courses, while also encouraging students to think critically about the judicial process and the role of judges in a democracy. The second edition of Elements of Law significantly reworks and updates the first edition, which was published in 1994, while preserving the essential features and many of the principal cases from that edition. This new edition is more compact than its predecessor because the lengthy materials on jurisprudence have been eliminated. Thus, half of the book is devoted to the common law and half to statutory interpretation. ; https://larc.cardozo.yu.edu/faculty-books/1048/thumbnail.jpg

This casebook is ideal for any introduction to law or legal method course. It is designed to develop analytic, interpretive, and advocacy skills that will be helpful to students across the range of substantive courses, while also encouraging students to think critically about the judicial process and the role of judges in a democracy. ; https://larc.cardozo.yu.edu/faculty-books/1047/thumbnail.jpg

Introduction -- The constitutional position of the administrative agency -- The scope of judicial review : questions of fact, law, and policy -- Clarity, consistency, " fairness" -- Procedural requirements in agency decisionmaking : rulemaking and adjudication -- Agency decisionmaking structure the availability and timing of judicial review.

Administrative Law and Regulatory Policy: Problems, Text, and Cases provides a solid foundation to help students master the principles of Administrative Law in an era of change. This renowned casebook retains the strengths that have made it so popular through previous editions: impeccable authorship logical organization that reflects the major components of administrative procedure and reveals the interaction between doctrine and procedure as well as bureaucratic and political factors at work plentiful notes and problems that reinforce the cases and aid in surveying administrative regulation exceptionally insightful historical material on the rise of regulation And The role of the New Deal in changing American government full coverage of the economic aspects of regulatory control, including cost-benefit analysis detailed treatment of the goals and performance of the regulatory state, including regulatory aspirations, successes, and failures, To give students a deep and rich understanding of the subject new information on the regulation of telecommunications detailed new material on important developments regarding the separation of powers, energy policy And The environment, and administrative law issues raised by potential conflicts new case study section on the joint U.S. Supreme Court/D.C. Circuit decision on the nondelegation doctrine in the context of the Clean Air Act unique discussion of the use of cost-benefit analysis in the Bush and Clinton administrations, not covered by any other casebook, And The legal challenges likely to arise in the next decade additional cases (Brown & Williamson, American Trucking) and new developments regarding the Chevron doctrine, The FDA's effort to regulate tobacco, The status of interpretive rules, And The power of the EPA more background information on cases for a fuller exploration of the issues. ; https://larc.cardozo.yu.edu/faculty-books/1046/thumbnail.jpg