Richard Pierce

2 months ago | theregreview.org | Richard Pierce

The Trump Administration may challenge the American Bar Association’s role in accrediting law schools. On February 14, the new chair of the Federal Trade Commission, Andrew N. Ferguson, announced that political appointees employed by the Commission can no longer be members of the American Bar Association (ABA) and that the Commission will no longer support any employee’s membership in the ABA. The ABA’s position on many major issues is inconsistent with the agenda of the Trump Administration.

2 months ago | theregreview.org | Richard Pierce

Legal questions raised in the first weeks of the Trump Administration may require the Supreme Court to make difficult decisions quickly. Is the U.S. Supreme Court’s landmark decision in Humphrey’s Executor v. United States still good law? If so, President Donald J. Trump’s removal of a National Labor Relations Board (NLRB) member without cause is unconstitutional. Is birthright citizenship protected by the 14th Amendment?

Dec 8, 2024 | theregreview.org | Richard Pierce

United States v. Eaton serves as the constitutional basis for thousands of executive branch decisions. Recently, I had lunch with some of the most experienced administrative law scholars in the country. I wanted to discuss United States v. Eaton. They had never heard of the case. I expressed surprise because it is the sole basis for the constitutional validity of tens of thousands of important decisions made by the executive branch every year.

Oct 24, 2024 | pymnts.com | Richard Pierce

Professor Pierce summarizes the four major administrative law decisions that the Supreme Court issued at the end of its 2023-2024 Term and predicts their effects. By Richard J. Pierce, Jr.[1]I. IntroductionDuring the last week of its 2023-24 Term, the Supreme Court issued four opinions that will have major effects on the power of Federal agencies. I will summarize each of the four opinions, their likely effects on most agencies, and their likely effects on the FTC. II. Loper Bright Enterpr...

Jul 15, 2024 | yalejreg.com | Richard Pierce

Many people, including Supreme Court Justices, have expressed concern about flip flopping by the Solicitor General (SG), i.e., arguing in support of a position that is inconsistent with the position that the government took in the past. In The Solicitor General, Consistency and Credibility, forthcoming in the Notre Dame Law Review, Professors Margaret Lemos and Deborah Widiss have helped us understand this phenomenon by engaging in an empirical study of flip flopping.