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Do Students Leave Their Constitutional Rights at the (Charter) Schoolhouse Gates?: Charter Schools’ Collision Course with a Restrictive State Action Doctrine
Get PDFBefore the Memory Fades: Evaluating the Need for a National Quarantine Strategy as Part of a Modernized Public Health Response to the Next Pandemic
Get PDFThe Power to Destroy: How the Antitax Movement Highjacked America
No full textIn his book, The Power to Destroy: How the Antitax Movement Hijacked America, Graetz traces the history of the modern antitax movement from the late 1970s to the present day, from its fledgling days as a fringe theory with racist roots to its breathtaking success in transforming the U.S. government into a massively underfunded and hence fundamentally unsustainable enterprise. Along the way, Graetz introduces us to a cast of characters whose zealous dedication to the antitax heterodoxy made this revolution possible. He painstakingly exposes the conservative machinery that funded and coordinated their efforts and the liberals who did little to stand in, and in some cases helped pave, their way. It is tempting to think that the nation’s current fiscal predicament was inevitable for a nation borne out of the Boston Tea Party. Yet Graetz\u27s account illustrates that the course of the last fifty years, tragically, could have been much different. At the same time, the contingent aspect of this important and overlooked part of the nation’s history also gives some hope that the nation’s path forward is not yet set in stone. Speaker Bio
Michael J. Graetz, Professor Emeritus at Columbia Law School and Professor Emeritus and Professorial Lecturer at Yale Law Schools, is a leading expert on national and international tax law. His new book, The Power to Destroy—How the Antitax Movement Hijacked America was published in Feb. 2024 by Princeton University Press. Other recent scholarship, including his book The Wolf at the Door: The Menace of Economic Security and How to Fight It (with Ian Shapiro, Harvard University Press, 2020) has focused on issues of economic inequality and insecurity. Graetz has written a number of books on federal domestic and international taxation, including a leading law school text, in addition to books on the Supreme Court, energy policy and social insurance along with nearly 100 articles on a wide range of domestic and international taxation, health policy, and social insurance issues.After teaching at Yale Law School for more than 25 years, Graetz joined the Columbia Law School faculty in 2009. Before to his time at Yale, Graetz was Professor of Law and Social Sciences at the California Institute of Technology; and a professor of Law at the University of Southern California and the University of Virginia.
In addition to his academic career, Graetz has held several positions in the federal government. He was assistant to the secretary and special counsel for the Department of the Treasury in 1992, and deputy assistant secretary for tax policy at the Department of the Treasury from 1990 to 1992. Graetz is a fellow of the American Academy of Arts and Sciences and was a John Simon Guggenheim Memorial Fellow. He received an award from Esquire Magazine for work in connection with the provision of shelter for the homeless. He was awarded the Daniel M. Holland Medal by the National Tax Association for outstanding contributions to the study and practice of public finance and was the first law professor to receive the Distinguished Service Award from the Tax Foundation. Graetz earned his JD from the University of Virginia and his BBA from Emory University
The Delegation Doctrine
Get PDFThe nondelegation doctrine may remain moribund, but the outlines of a delegation doctrine may be visible in the Court’s recent jurisprudence. Instead of policing the limits on Congress’s power to delegate authority to administrative agencies, the Court has instead been focusing on whether the power administrative agencies seek to exercise has been properly delegated by Congress in the first place. This emerging delegation doctrine may be seen in both the Court’s recent major questions doctrine cases, as well as the Court’s decisions refining and constraining the Chevron doctrine. In both contexts the Court has embraced the principle that agencies may only exercise power delegated to them by Congress, and the amount of evidence required to demonstrate that authority has been delegated should correlate with the nature and scope of the authority claimed. Fully embracing the delegation doctrine would result in a more coherent jurisprudence and address many contemporary concerns about the administrative state and the proper role of the judiciary in policing the exercise of delegated power
Responsive Democracy and Administrative Agencies
No full textThe defining feature of modern democracy (in contrast to democracy in Ancient Greece, which it does not resemble) is that it establishes a government that responds to the needs and desires of the populace. It uses two mechanisms to achieve this goal, both of which are historical developments that rose to dominance in Britain at the end of the eighteenth century. The first is representation, where government policy is made by elected representatives. The second is administration, where policy is implemented by specialized agencies staffed by full time, credentialed officials. In a modern, technological society, it is impossible for a government to respond to the needs and desires of the people without such agencies. They are thus a central and essential component of modern democracy.
Edward Rubin of Vanderbilt University will discuss this paper’s role of the agency. It begins by describing two agencies, the first, a historical predecessor of modern agencies, and the second a characteristic example in the modern world. The predecessor agency, which developed in medieval England, is the common law. The current agency is the National Highway Traffic and Safety Administration (NHTSA), which displaced common law in the area of automobile safety in response to the technological realities of modern society.
The paper continues by discussing the most important feature of administrative agencies, which is expertise. This is generally regarded as a way to achieve desirable results, but that function, while important, is secondary to its main function, which is to enable government to participate in the discursive practice of modern society in each area where it implements democracy responsive purposes.
The last sections of the paper discuss two aspects of the relationship between representation and administration: first, the way that agencies are controlled by the policy making components of government so that they remain responsive to the people; and second, the way that they exercise limited control over policy making and the possibilities for expanding such control. Speaker Bio
Edward L. Rubin is University Distinguished Professor of Law and Political Science at Vanderbilt University, where he also served as dean of the law school and promoted significant innovations in the curriculum. He previously taught at the University of Pennsylvania and the University of California, Berkeley. A specialist in administrative law, constitutional law and legal theory, Rubin is a productive and erudite scholar whose work integrates legal history and theory. He has written or edited nearly a dozen books, including a novel, and has published scores of articles in leading law reviews and many book chapters. Rubin is a graduate of Princeton University and Yale Law School. Before attending law school, he was a curriculum planner for the New York City Board of Education for six years. After law school, he clerked for Judge Jon O. Newman of the U.S. Court of Appeals for the Second Circuit and practiced with a major New York-based law firm
19-1. Yugoslavia: Death of A Nation -- Part I: Enter Nationalism
No full textThe Death of Yugoslavia (Serbian, Montenegrin, Bosnian, Croatian and Slovenian: Smrt Jugoslavije, Macedonian: Смртта на Југославија, Smrtta na Jugoslavija), later retitled into Yugoslavia: Death of a Nation in an updated and revised edition, is a six part BBC documentary series first broadcast in 1995, and also the name of a book written by Allan Little and Laura Silber that accompanies the series. The book and film cover the collapse of the former Yugoslavia from three decades ago. Notable in its combination of never-before-seen archive footage interspersed with interviews of most of the main players in the conflict, including Slobodan Milošević, the leader of Serb nationalism, then President of Serbia, through the secession of Slovenia and Croatia, to the war in Bosnia. Film footage does not extend as far as the Kosovo crisis or the secession of Montenegro. (abstract from Simon Gros\u27s Vimeo page) —————— Part 1: Enter Nationalism After the death of Josip Broz Tito, rising nationalism gets Yugoslavia in its grips. This is exacerbated after Slobodan Milošević takes power in Serbia and turns against the Kosovar Albanians
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