We tend to think of administrative law in terms of "one issue, one agency." But often Congress delegates to several agencies responsibility over a single subject. It might do so intentionally, but sometimes this occurs unintentionally, when a new statutory program collides with an old one. And so, for example, we currently are witnessing two independent agencies -- the Federal Energy Regulatory Commission and the Commodity Futures Trading Commission -- litigating against one another in federal court, on the question of which agency has jurisdiction to enforce market-manipulation laws. These cases raise difficult issues of presidential power, congressional responsibility, and judicial review. What are the consequences of this dynamic? What does it mean for the unitary executive?
- Mr. Steven G. Bradbury, Partner, Dechert LLP
- Mr. Adam White, Counsel, Boyden Gray & Associates
Call begins at 1:00 p.m. Eastern Time.
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