Author: Jeffrey Dunoff

DOJ Takes Tariff Fight to SCOTUS, Opening a New Avenue for Court to Expand Trump’s Power

SCOTUS has been asked to overturn an appeals court decision finding that most of President Trump’s tariffs are unconstitutional. If they grant cert, says Prof. Jeffrey Dunoff, “The clear constitutional provision and specific statutory language involved in this case provide the court an opportunity to reject the President’s expansive invocation of emergency powers and vindicate core separation of powers principles.” Read More

Map, Glasses, Notebook

Mapping a Hidden World of International Regulatory Cooperation

Almost exactly one decade ago, Law and Contemporary Problems published a highly influential symposium entitled The Emergence of Global Administrative Law. The articles in that issue described rapidly changing patterns of transnational regulation, identified an emerging “global administrative space,” and explored normative questions raised by shifts in authority to transnational administrative processes. At roughly the same time, network scholars described a “new world order,” in which transnational governance networks increasingly conducted regulatory functions across a wide variety of issue areas. Both literatures introduced new conceptualizations of trends in international cooperation and standard-setting. This symposium’s focus on “international regulatory cooperation” revisits themes explored in the global administrative law and networks literatures. Broadly conceived, international regulatory cooperation consists of arrangements to promote cooperation in the design, monitoring, and enforcement or ex post management of regulation, with a view to supporting the consistency of rules across national borders. The topic has returned to the center of the diplomatic and scholarly agenda, in part as a result of the regulatory failures that contributed to the global recession. Indeed, as …