AREAS OF RESEARCH
Administrative Law, Constitutional Law and Theory, Election Law, Legal Ethics, National Security Law and Practice
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 General Counsel to Obama for America, the President’s campaign organization, in 2008 and 2012. Bob has also served as co-counsel to the New Hampshire State Senate in the trial of Chief Justice David A. Brock (2000) and counsel to the Democratic Leader in the trial of President William Jefferson Clinton (1999).
He is the author on 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.
This seminar will explore major contemporary and historical controversies concerning the powers and constraints on the powers of the President. Some of the general issues studied will include the scope of unilateral executive powers; broad delegations by Congress to the President; executive privilege; the scope of congressional oversight; impeachment; the separation of powers; and the scope of judicial review of presidential actions. Readings and discussion will center on the historical development of legal doctrine on these issues and the increase in the visibility and intensity of these issues over the last several administrations. Materials will include judicial decisions as well as case studies of current and recent issues. We will examine these issues both as legal matters and from the perspective of the real-world functioning of the White House and Congress. Some of the larger themes we will explore include the growth of presidential powers over time and how presidential power should be understood in an era of highly polarized political parties. Class participation is expected. There will be no exam, but a requirement of a 20-25 paper on an approved topic related to the issues covered in the seminar.
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