Deadpool
On the bureaucrat’s veto.
Ryan Reynolds, for all his charm as an actor, is a dynamic and brilliant businessman. So, of course, he finds bureaucracy difficult to comprehend.
This story is a good illustration of how control over the way bureaucracy disseminates control of a project to myriad people and organizations other than the principals. It grants them a free option to say no, or to extract some unrelated vigorish as consideration for their acquiescence.
We can call it the bureaucrat’s veto.
“In the first season of Welcome to Wrexham, a lengthy subplot involves McElhenney and Reynolds trying to win permission to rebuild Wrexham’s Kop stand, while repeatedly running into problems.”
Opinion: New York’s complex court bureaucracy shields judges from accountability
This is a fascinating glimpse of what the author describes as the “courteaucracy,” a Star Chamber that sets conditions which influence strongly the decisions the State courts render. All of this takes place without much, if any, public scrutiny.
“My scholarship focuses on an under-examined part of the court system: court administration. My research reveals that the court administrative bureaucracy, which includes a complex hierarchy of judges, has enormous power to shape how laws are interpreted in courtrooms. Court administrators, who wield power to control where judges are assigned, have both directly advised judges in New York on how to interpret the law and have created administrative work-arounds around certain laws – such as with the recent bail reform – which have tacitly communicated to judges their view of how such laws should be interpreted.
“Because court operations, like much of government work, happen largely in private and off the record, neither the public nor academia have been able to pay close attention to these institutional mechanisms of the court system.”
SEC under Trump would ‘vigorously pursue’ crypto regulation – former regulator says
More regulatory uncertainty related to the election. This time when it comes to crypto.
“Stark noted that Trump has significant crypto holdings, an assertion backed by financial filings related to Trump’s NFT ventures.
“Others have suggested a similarly light touch. In January, House Majority Whip Tom Emmer said a second Trump administration could be “more friendly” to crypto.”
‘Dreamers’ to get access to Obamacare coverage under new Biden regulation
The failure of proper governance means continued ad-hockery.
““President Joe Biden’s administration is rolling out a newly finalized regulation that allows “Dreamers” to access health plans through the Affordable Care Act, also known as Obamacare.
“The new rule, which Biden first proposed a year ago, could lead to 100,000 previously uninsured people enrolling in health coverage, according to the administration.
“Dreamers refers to undocumented immigrants brought into the U.S. as children. They’re also described as participants in the Obama-era Deferred Action for Childhood Arrivals program, or DACA.”
How to ensure that Biden’s environmental and labor regulations survive
Prosecutorial discretion is a principle of common law that gives prosecutors the freedom to choose which criminal acts to litigate. Presumably, it’s intended to be used at the margins.
It appears as if two things are happening.
One, this principle of discretion is now seeping into bureaucracy writ large with administrators taking it onto themselves to decide which laws to enforce and to what degree. But perhaps this was always the case.
Two, the extent to which it is exercised appears to be increasing. What was intended to be leeway for prosecutors to decide how to proceed in cases in which they may have anticipated diminished chances of success is now a cudgel that gives them extraordinary, arbitrary power not contemplated in either the governing documents of their agencies or the intentions of their overseers.
This aggravates regulatory uncertainty.
“Even if courts were going to look favorably on some of the Biden regulations, there is a great deal that a potential second Trump administration could do to subvert the rules. Most simply, the Trump administration could repeal the regulations using the regulatory process. Doing so would take several years and would also be subject to legal challenges.
“But while going through the repeal process, a Trump administration would likely not mount a vigorous defense of many (or any) of these regulations in court. While other parties may be able to step in and defend some of them, the absence of the executive branch as a party to any lawsuit would almost certainly harm the defense of the new rules.
“Finally, a second Trump administration could cease or otherwise undermine enforcement of the new regulations. This would likely be done in combination with the steps above as the new administration would argue that it shouldn’t be enforcing a regulation it was on its way to repealing.
“The head of the Office of Information and Regulatory Affairs, Richard Revesz, wrote before assuming his current position that it had become necessary for presidents to serve two terms in order to ensure that their regulatory legacy endured. Certainly, that was the case for Trump, as many of his efforts to deregulate were either unsuccessful before Biden took office or were quickly discarded by the new president.”
Biden Delays Ban on Menthol Cigarettes
Another example of bureaucratic discretion. Menthol cigarettes were a problem until they weren’t. And until they will be again.
“The Biden administration said on Friday that it was delaying a decision on whether to ban menthol cigarettes, effectively quashing a proposal that has divided Black American voters and fueled million-dollar lobbying campaigns from the tobacco industry in this presidential election year.”