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Articles by Gillian E. Metzger
Some Realism About Constitutional Remedies
The Supreme Court has wavered between two approaches to questions of executive power, which are often labeled institutional formalism and realism. Formalism treats an institution like the presidency as a “black box” to which the Constitution assigns certain powers. In Trump v.
Opinion | We Clerked for Ruth Bader Ginsburg. Nothing Stopped Her From Speaking Up.
Keenly aware of how the law affects real women in real life, she fought fiercely for equality. By Abbe R. Gluck and Gillian E. Metzger Ms. Gluck and Ms. Metzger are former law clerks for Justice Ruth Bader Ginsburg. Sept. 20, 2020, 8:13 a.m. ET A woman working out on the Supreme Court steps this year. There was our justice, Ruth Bader Ginsburg: “At the end of the day, the government is throwing to the wind the women’s entitlement.
(PDF) CAPITAL STRIKES AS A CORPORATE POLITICAL STRATEGY: The Structural Power of Business in the Obama Era
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The Roberts Court and Administrative Law
Administrative law today is marked by the legal equivalent of mortal combat, where foundational principles are fiercely disputed and basic doctrines are offered up for “execution.”1 Several factors have led to administrative law’s currently fraught status.
Symposium: The puzzling and troubling grant in Kisor
Posted Wed, January 30th, 2019 10:22 am by Gillian Metzger Gillian Metzger is the Stanley H. Fuld Professor of Law at Columbia Law School. From one perspective, the Supreme Court’s decision to grant review in Kisor v. Wilkie is not surprising. Dating back at least to Justice Antonin Scalia’s 2011 concurrence in Talk America v. Michigan Bell Telephone Co., through Decker v. Northwest Environmental Defense Center in 2013 and Perez v.
Symposium before the oral argument in Kisor v. Wilkie Archives
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Symposium: Minimalism with radical potential
Gillian Metzger is the Stanley H. Fuld Professor of Law at Columbia Law School. She was part of an amicus brief of constitutional and administrative law scholars in support of the SEC in Lucia v. Securities and Exchange Commission. As the gangbuster 2017 term draws to a close, we now have another year’s worth of cases to study for signals about where the Roberts court is headed on administrative law.
1930s Redux: The Administrative State Under Siege
Eighty years on, we are seeing a resurgence of the antiregulatory and antigovernment forces that lost the battle of the New Deal. President Trump’s administration has proclaimed the “deconstruction of the administrative state” to be one of its main objectives. Early Trump executive actions quickly delivered on this pledge, with a wide array of antiregulatory actions and a budget proposing to slash many agencies’ funding.
The 22nd Amendment of the U.S. Constitution
Twenty-Second Amendment Twenty-Second Amendment By F.H. Buckley and Gillian Metzger The Constitution’s Framers puzzled at length over how to select the president. In part, this reflected the novelty of the office. No such position existed under the Articles of Confederation, with Congress instead wielding both legislative and executive powers. The British monarch was an obvious but also troubling model, given the young republic’s recent revolution against British rule.
Brief of 15 Professors of Law and Finance in MetLife v. FSOC
Last week, along with our co-authors Kate Andrias and Michael Barr of the University of Michigan Law School, we filed an amicus brief on behalf of fifteen professors of law and finance in MetLife v. Financial Stability Oversight Council. MetLife has challenged the FSOC’s determination that the company’s distress could threaten U.S. financial stability—and, thus, that MetLife should be subject to Federal Reserve supervision.
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