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Separation of Powers and Accountability at the Consumer Financial Protection Bureau

New Jersey Lawyers Chapter

Speaker:

  • Prof. Todd J. Zywicki, George Mason University School of Law, and Mercatus Center Senior Scholar

Speaker:

  • Prof. Todd J. Zywicki, George Mason University School of Law, and Mercatus Center Senior Scholar

The new Consumer Financial Protection Bureau was one of the centerpieces of Dodd-Frank.  Yet the CFPB is a break with traditional agency design in that it lacks many of the institutional constraints typical of independent agencies, such as Congressional budgetary appropriations and a commission structure.  Republicans in the Senate have filibustered President Obama's nominee to head the CFPB until certain institutional reforms are implemented that will make the agency subject to standard agency constraints.  In response, President Obama attempted to "recess" appoint Richard Cordray to head the agency.  The process used, however, was struck down as unconstitutional in the DC Circuit's recent opinion in Noel Canning v. NLRB and the Third Circuit followed suit in NLRB v. New Vista Nursing & Rehab.  Todd Zywicki will discuss the legal and policy issues raised by the NLRB and the Noel Canning decision. 

Reception from 6:00 to 7:00; address from 7:00 to 8:00.

CLE Credit Pending

Appetizers will be served.

RSVP: NJFedSoc@gmail.com