Cancelled: The Scope and Limits of Executive Power

Tuesday, March 9, 3:00 – 4:15 pm ET, via Zoom

This event will be rescheduled for another date. We apologize for the inconvenience.

NYU Law Professors Richard Epstein and Bob Bauer will discuss the scope and limits of executive power. The transition between Donald Trump and Joe Biden is a convenient occasion to reflect on the scope of presidential authority. Key to this issue are unilateral actions, including the use of Executive Orders to introduce changes in domestic law on the environment and civil rights, or to adopt substitutes for foreign treaties; the use of the presidential pardon power, presidential control of the use of military force. Are these issues on which it is possible to obtain some kind of bipartisan consensus, and if so, what reforms are both desirable and constitutional?   

Bob Bauer is Professor of Practice and Distinguished Scholar in Residence at NYU Law, and Co-Director of NYU’s Legislative and Regulatory Process Clinic. He served as White House Counsel to President Obama, and returned to private practice in June 2011. In 2013, the President named Bauer to be Co-Chair of the Presidential Commission on Election Administration, which in January of 2014 submitted to the President its findings and recommendations in “The American Voting Experience: Report and Recommendations of the Presidential Commission on Election Administration.”

Bauer was a senior adviser to the Biden presidential campaign (on leave from NYU Law), and General Counsel to Obama for America, the President’s election and re-election campaign organizations, in 2008 and 2012. Bob also served as counsel to the Democratic Leader in the trial of President William Jefferson Clinton (1999), and as co-counsel to the New Hampshire State Senate in the trial of Chief Justice David A. Brock (2000)

He is the co-author of After Trump: Reconstructing the Presidency (2020), books on campaign finance law, and articles on various topics for law reviews and periodicals. He is a contributing editor of Lawfare and writes legal commentary for Just Security, and has published opinion pieces in The New York Times, The Washington Post, The Atlantic and other publications. In 2000, he received the “Burton Award for Legal Achievement” for his legal writing.