Monday, February 23, 2009
Ted McClure reviewed Adrian Vermeule's Our Schmittian Administrative Law on our sister blog, the Administrative Law Prof Blog; check it out.
What Professor Vermeule examines is where to draw the line, if that is possible, between routine executive action where administrative law writ large is appropriate and emergencies where something else is needed. Further, he looks at what that something else really is. This paper clarifies these questions and concludes that there are no real answers possible.
Emergency powers, crisis government, and Schmitt have gotten some attention after the 9/11 attacks and the more recent financial crisis. I previously posted on Posner and Vermeule's related Crisis Government in the Administrative State: 9/11 and the Financial Meltdown of 2008 here.