Symposium

Introduction In a world in which police understand themselves to be a bulwark against crime, having a good handle on crime data is critical. According to the best data available, crime has been steadily trending downward for the last few decades. There has been a national decline in crime, and the decline in New York […]

Introduction On September 7, 2016, four of the nation’s newspapers of record weighed in on the connected crises in crime and policing. The New York Times revealed the tensions between the Mayor’s office in Chicago and several community and professional groups over a plan to overhaul Chicago’s police disciplinary board—a plan developed in the wake […]

  Our understanding of administrative law owes much to Peter L. Strauss, Betts Professor of Law at Columbia Law School. To be asked to offer a few words at this Symposium in his honor is, for me, a privilege beyond measure. In thinking about his contributions and his effect on all of us in the […]

  I first met Peter Strauss some thirty years ago when Clark Byse invited me to join in editing the casebook that Peter had already joined at the invitation of Walter Gellhorn. Since then we’ve slept in each other’s houses, gone out to innumerable meals together, read drafts of each other’s work, and, along with […]

Introduction: The Place of Agencies in Polarized Government

Cynthia R. Farina* & Gillian E. Metzger**

  Peter Strauss’s The Place of Agencies in Government: Separation of Powers and the Fourth Branch reshaped contemporary thinking about the constitutionality of federal administrative government. When the article appeared in 1984, the Reagan Revolution was in full swing. Reagan’s overtly antiregulatory policy stance and his Administration’s advocacy of a highly formalist and originalist style […]

In Honor of Peter L. Strauss

Editors of the Columbia Law Review

Peter L. Strauss, Betts Professor of Law Versions of the following Essays were presented at a Symposium in Honor of Peter L. Strauss on April 24, 2015. Professor Strauss is the Betts Professor of Law at Columbia Law School, where he has been a member of the faculty since 1971. In addition to his duties on the faculty, Professor Strauss has contributed greatly […]

Administrative agencies are strikingly absent from leading accounts of contemporary polarization. To the extent they appear, it is largely as acted-upon entities that bear the fallout from the congressional–presidential confrontations that polar­ization fuels, or as the tools of presidential unilateralism. This failure to incorporate administrative agencies into polarization accounts is a major omission. Agencies possess broad grants of preexisting...

Unorthodox Lawmaking, Unorthodox Rulemaking

Abbe R. Gluck,* Anne Joseph O’Connell,** and Rosa Po***

The Schoolhouse Rock! cartoon version of the conventional legislative process is dead, if it was ever an accurate description in the first place. Major policy today is often the product of “unorthodox lawmaking” and “unorthodox rulemaking”—deviations from tradi­tional process marked by frequent use of omnibus bills and multiple agency implementation; emergency statutes and regulations issued without prior comment; outsourcing...