All Gray Center Working Papers

Working Paper # Working Paper Title Author(s) Link to Paper Citation 24-01 New Jury Trial Expansion as Structural Constitutional Reform Jennifer L. Mascott Link 23-35 An Originalist Defense of the […]

Administration of Education

Regulating Education: Understanding the Office for Civil RightsBy R. Shep Melnick, Thomas P. O’Neill, Jr. Professor of American Politics, Boston College Negotiated Rulemaking in the U.S. Department of Education: Where […]

The Major Questions Doctrine After West Virginia v. EPA and the COVID-19 Cases

The Major Questions Doctrine: Unfounded, Unbounded, and ConfoundedRonald M. Levin, William R. Orthwein Distinguished Professor of Law, Washington University in St. Louis The New Purpose and Intent in Major Questions […]

Judicial Remedies and Agency Actions

How Should the Court Respond to the Combination of Political Polarity, Legislative Impotence, and Executive Branch Overreach?By Richard J. Pierce, Jr., Lyle T. Alverson Professor of Law, George Washington University […]

Judicial Review of Agency Action

Administrative Relief and Private Rights of Action under the Antitrust LawsBy Richard A. Epstein, The Laurence A. Tisch Professor of Law, The New York University School of Law; The Peter […]

REGULATORY BUDGETING AND EXECUTIVE ORDER 13771

Regulatory Budgeting in the U.S. Federal Government: A First-Hand Account of the Initial Experience and Recommendations for Future Regulatory BudgetsBy Anthony P. Campau, Chief of Staff & Counselor for the […]

Congress’s power of the purse in the administrative state

The Demise and Rebirth of Fiscal HeroismBy Zachary S. Price, Harry & Lillian Hastings Research Chair, UC Hastings Law Oversight RidersBy Kevin M. Stack, Lee S. and Charles A. Speir Professor […]

Supreme Court Review

Executive Decisions After ArthrexBy Jennifer Mascott, Assistant Professor of Law and Co-Executive Director, The C. Boyden Gray Center for the Study of the Administrative State, Antonin Scalia Law School, George Mason University […]

Agency Independence After Seila and Collins

Submerged Independent AgenciesBy Brian D. Feinstein, Assistant Professor of Legal Studies, The Wharton School of the University of Pennsylvania & Jennifer Nou, Professor of Law, The University of Chicago Law School The […]

LESSONS LEARNED FROM COVID-19

A Planning Pandemic: The Spread of Mandated Planning and Its Failure in CrisisBy Judge Glock, The Cicero Institute Lessons for the Law from COVID-19: Alternative Histories to Define the Roles of Politics […]

THE FUTURE OF THE FTC

FTC Independence after Seila LawBy Daniel A. Crane, Frederick Paul Furth, Sr. Professor of Law, University of Michigan Can the Federal Trade Commission Use Rulemaking to Change Antitrust Law?By Richard J. Pierce, Jr., Lyle […]

PRESIDENTIAL ADMINISTRATION IN A POLARIZED ERA

The Tragedy of Presidential AdministrationBy Ashraf Ahmed, Academic Fellow, Columbia Law School, Lev Menand, Academic Fellow and Lecturer in Law, Columbia Law School, and Noah Rosenblum, Assistant Professor of Law, New York University School of Law […]

MEMORIAL SYMPOSIUM IN HONOR OF JUDGE STEPHEN F. WILLIAMS

Judge Stephen F. Williams and the Underestimated History of the Non-Delegation DoctrineAmbassador C. Boyden Gray, Founding Partner, Boyden Gray & Associates PLLC; Distinguished Senior Fellow, The C. Boyden Gray Center for […]

Spring 2021

Adding Judges: Issues in Federal Courts’ GovernanceRonald A. Cass, Dean Emeritus, Boston University School of Law; Distinguished Senior Fellow, The C. Boyden Gray Center for the Study of the Administrative State; […]

ADMINISTRATIVE LAW IN THE STATES: LABORATORIES OF DEMOCRACY

Nondelegation in the StatesBy Benjamin Silver, Ph.D. Candidate, University of Chicago (Committee on Social Thought) The End of Deference: How States (and Territories and Tribes) Are Leading a (Sometimes Quiet) […]

THE APA’S 75TH ANNIVERSARY: LOOKING BACK AND LOOKING FORWARD

Final copies of the below papers are published in Volume 28:2 of the George Mason Law Review Introduction: A Symposium for the Administrative Procedure Act’s 75th AnniversaryAdam White, Co-Executive Director, The C. […]

FACTS, SCIENCE, AND EXPERTISE IN THE ADMINISTRATIVE STATE

Super Deference and Heightened Scrutiny (Or When Super-Deference is Not So Super)Jonathan H. Adler, Johan Verheij Memorial Professor of Law, and Director, Coleman P. Burke Center for Environmental Law, Case Western […]

ADMINISTRATION IN CRISIS: PANDEMICS, FINANCIAL CRISES, AND OTHER EMERGENCIES

Structured to Fail: Lessons from the Trump Administration’s Faulty Pandemic Planning and ResponseAlejandro E. Camacho, Chancellor’s Professor of Law and Faculty Director, Center for Land, Environment, and Natural Resources, University of […]

JUDICIAL REVIEW AFTER KISOR AND THE CENSUS CASE

The Umpire Strikes Back: Expanding Judicial Discretion for Review of Administration ActionsRonald A. Cass, Dean Emeritus, Boston University School of Law; Distinguished Senior Fellow, C. Boyden Gray Center for the Study […]

PUBLIC HEALTH: REGULATION, INNOVATION, AND PREPARATION

Solving the COVID-19 Vaccine Product Liability ProblemSam F. Halabi, Visiting Professor, University of Iowa College of Law; Manley O. Hudson Professor of Law, University of Missouri-Columbia; Scholar, O’Neill Institute for National […]

THE FEDERAL RESERVE, FINANCIAL REGULATION AND THE ADMINISTRATIVE STATE

The Problem of Federal Reserve Governance: Law, Politics, and HistoryPeter Conti-Brown, Assistant Professor, the Wharton School of the University of Pennsylvania; Visiting Professor, Columbia Law School (Fall 2020); Nonresident Fellow in […]

DELEGATIONS AND NONDELEGATION AFTER GUNDY

Nondelegation as Constitutional SymbolismKristin E. Hickman, McKnight Presidential Professor of Law, University of Minnesota Delegation at the FoundingJulian Davis Mortenson, Professor of Law, University of Michigan, and Nicholas Bagley, Professor of Law, University of […]

FIRST BRANCH, SECOND THOUGHTS – WHAT IS CONGRESS’S PROPER ROLE IN THE ADMINISTRATIVE STATE?

Congress and the Stability of the Cost-Benefit Analysis ConsensusCaroline Cecot, Assistant Professor of Law, Antonin Scalia Law School, George Mason University The Congressional BureaucracyJesse M. Cross, Assistant Professor, University of South Carolina […]

Autumn 2020

Cost-Benefit Analysis vs. Regulatory Budgeting: Commentary on Jim Tozzi, “OIRA: Past, Present, and Future”Christopher DeMuth, Distinguished Fellow, The Hudson Institute