Working Papers

Financial Regulation: Political, Administrative, and Constitutional Accountability, December 9, 2016

Taking Systemic Risk Seriously in Financial Regulation
M. Todd Henderson
, The University of Chicago Law School

Too Big for Administrative Law? FSOC Designations and the Fog of “Systemic Risk”
Adam J. White
, The Hoover Institution

Is Regulation By Deal Illegal?
Steven Davidoff Solomon
, University of California, Berkeley School of Law

Regulation: Political, Administrative, and Constitutional Accountability
Geoffrey Parsons Miller,
 New York University School of Law

Dual Non-Banking System for Fintech
J.W. Verret,
 Antonin Scalia Law School, George Mason University

 


Environmental Law in the Administrative State, September 16, 2016

Standing After Scalia
Stephen Vladeck
, University of Texas, School of Law

Environmental Review of Pipelines, Energy Transport, & Global Energy Markets
James W. Coleman, Southern Methodist University Dedman School of Law

Protecting States’ Interests in the Brave New World of Energy Federalism
Daniel Lyons
, Boston College Law School

Is The Clean Air Act Unconstitutional? Coercion, Cooperative Federalism, and Conditional Spending After NFIB v. Sebelius
Jonathan Adler
, Case Western Reserve University School of Law &
Nathaniel Stewart, Visiting Fellow, Buckeye Institute for Public Policy

Safety Valve: The Resurgent “Major Questions” Doctrine
Nathan Richardson
, University of South Carolina School of Law

Ghost Rules
Lincoln Davies
& Amy Wildermuth, S.J. Quinney College of Law, University of Utah


Rethinking Judicial Deference, June 2, 2016

Marbury v. Madison and the Concept of Judicial Deference
Aditya Bamzai

The Origins of Judicial Deference to Executive Interpretation
Aditya Bamzai, 126 Yale L.J. ___ (forthcoming 2017)

Agencies as Adversaries
Daniel A. Farber & Anne Joseph O’Connell

Beyond Seminole Rock
Aaron L. Nielson

In the Wake of Chevron’s Retreat
Catherine M. Sharkey

Legislating in the Shadows
Christopher J. Walker


Eighth Annual Transatlantic Legal Forum, October 23-24, 2015

Administrative law reflects the hope that modern societies can be governed not only liberally and democratically but also rationally, sensibly, and with tolerable efficiency. On both sides of the Atlantic, that once-confident conviction now meets with considerable skepticism, in somewhat different ways and for different reasons.At the Transatlantic Law Forum’s Eighth Annual Conference, prominent scholars, judges, and lawyers from European countries and from the United States examined the administrative state and its law from a wide range of perspectives. Some panels addressed overarching topics, such as judicial review and increased public discontent with administrative governance. Other panels examined varying administrative (law) responses to a common set of more specific problems and challenges, from energy policy to financial regulation and central banks.

The Legal Response to the Next Financial Crisis
David Zaring