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16 Dec 2013, 4:43 pm by Eugene Volokh
(Eugene Volokh) I’m delighted to report that Zachary Price, who is now a Visiting Assistant Professor at the University of California Hastings College of the Law, will be guest-blogging this week about his Enforcement Discretion and Executive Duty (forthcoming in Vand. [read post]
18 Dec 2013, 11:19 pm by Prof. Zachary Price, guest-blogging
Zachary Price, guest-blogging) George Will’s latest column discusses my article. [read post]
18 Dec 2013, 12:17 pm by Prof. Zachary Price, guest-blogging
Zachary Price, guest-blogging) Before I go on to explain the basis for the framework I propose in my article, I want to offer a few thoughts on one last preliminary issue, namely, why modern presidents may be tempted to use non-enforcement as a policy tool. [read post]
17 Dec 2013, 10:35 pm by Prof. Zachary Price, guest-blogging
Zachary Price, guest-blogging) As I indicated in my previous post, before I go further into the framework that I believe governs the scope of executive enforcement discretion, I want to offer a few thoughts on why the problem is hard to think about and why recent presidents have resorted to non-enforcement of statutes as a means of advancing their policy objectives. [read post]
19 Dec 2013, 8:02 am by Prof. Zachary Price, guest-blogging
Zachary Price, guest-blogging) As I explained in my last substantive post, I believe the Constitution prescribes two baseline presumptions regarding the scope of executive enforcement discretion — a presumption in favor of case-by-case non-enforcement authority, and a presumption against categorical or prospective non-enforcement for policy reasons. [read post]
21 Dec 2013, 12:00 am by Prof. Zachary Price, guest-blogging
Zachary Price, guest-blogging) The final problem of enforcement discretion is how executive officials should understand their role when enforcing federal criminal laws and other statutes that can’t possibly be fully enforced with available resources. [read post]
18 Dec 2013, 2:10 pm by Prof. Zachary Price, guest-blogging
Zachary Price, guest-blogging) So what is the correct framework for enforcement discretion? [read post]
20 Dec 2013, 8:09 am by Prof. Zachary Price, guest-blogging
Zachary Price, guest-blogging) I’ve now laid out my basic framework for the scope of executive enforcement discretion: Congress is generally free to expand or contract executive non-enforcement power, but in the absence of such legislation the executive presumptively holds case-by-case non-enforcement authority but not categorical or prospective non-enforcement powers. [read post]
20 Dec 2013, 4:57 pm by Prof. Zachary Price, guest-blogging
Zachary Price, guest-blogging) In my last two posts, I’m going to apply my framework to some contemporary examples. [read post]