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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]
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]
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, 2:10 pm by Prof. Zachary Price, guest-blogging
Zachary Price, guest-blogging) So what is the correct framework for enforcement discretion? [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]
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]
6 Dec 2013, 6:50 am
Nor are there any restrictions on the prices of the goods.Balancing the relevant duPont factors, the Board found confusion likely and it affirmed the refusal.Read comments and post your comment here.TTABlog note: "I'm as free as a bird now, And this bird you can not change." [read post]
5 Dec 2013, 8:17 am by CrimProf BlogEditor
Zachary Price (University of California Hastings College of the Law) has posted Dividing Sovereignty in Tribal and Territorial Criminal Jurisdiction on SSRN. [read post]
29 Nov 2013, 9:28 pm by Will Baude
” It reminded me that I’ve been meaning to call attention to an important new article on this subject — Enforcement Discretion and Executive Duty, by UC-Hasting’s Zachary Price. [read post]
25 Jun 2013, 5:07 pm by Joey Fishkin
 In Katzenbach, the Court considered and rejected the argument against the VRA from the “equal sovereignty” of the states, holding that this principle “applies only to the terms upon which States are admitted to the Union” (see Ginsburg’s dissent at p.30-31 or this essay by Zachary Price). [read post]
18 Feb 2013, 6:11 am by Marissa Miller
Holder symposium continues with three new posts: Zachary Price rebuts the argument that Section 5 of the Voting Rights Act is unconstitutional because it does not treat states equally, Hans von Spakovsky argues that it is “ridiculous” to claim that the right to vote of black Americans is at stake in this case, and Ellen Katz discusses the role played by the interaction between Section 2 and Section 5 of the Act. [read post]