Deconstructing Independent Agencies (and Executive Agencies)
Volumes have been written—both by courts and commentators—about the so-called independent agencies. These agencies are thought to be distinct from executive branch agencies and constitutionally insulated... Read MoreDeconstructing Independent Agencies (and Executive Agencies)
Volumes have been written—both by courts and commentators—about the so-called independent agencies. These agencies are thought to be distinct from executive branch agencies and constitutionally insulated from presidential influence. Yet few have paused to ask what features make an agency “independent” as opposed to “executive.” To answer that question, this Article systematically surveys administrative agencies [...]
The Last Temptation of Congress: Legislator Insider Trading and the Fiduciary Norm Against Corruption
On April 4, 2012, Congress passed the STOCK Act, which officially banned the practice of insider trading by members of Congress and formally declared them to be fiduciaries for purposes of federal insider trading law. The impetus for the legislation was the perception, held by a majority of commentators, that insider trading by members of [...]
The Split Benefit: The Painless Way to Put Skin Back in the Health Care Game
This Essay proposes a solution to the growth of health care costs, focusing on the sector of expensive, and often unproven, treatments. Political, legal, and market limits prevent insurers and physicians from rationing care or putting downward pressure on prices. Because the insurer bears the cost, the patient is also not sensitive to price, and [...]