Working Papers
SHOULD INTERNET PLATFORM COMPANIES BE REGULATED⏤AND IF SO, HOW?
Reasonableness as Censorship: Algorithmic Content Moderation, The First Amendment, and Section 230 ReformEnrique Armijo, Associate Dean for Academic Affairs and Professor, Elon University School of Law, and Affiliated Fellow, Yale Law […]
August 10, 2020
A Realistic Version of Campaign Finance Reform and Two Essential Steps Toward a Return to Effective GovernanceRichard J. Pierce, Jr., Lyle T. Alverson Professor of Law, The George Washington University Law […]
March 25, 2020
Why We Need Federal Administrative CourtsMichael S. Greve, Professor of Law, Antonin Scalia Law School, George Mason University
BUREAUCRACY AND PRESIDENTIAL ADMINISTRATION: EXPERTISE AND ACCOUNTABILITY IN CONSTITUTIONAL GOVERNMENT
Regulating Agencies: Using Regulatory Instruments as a Pathway to Improve Benefit-Cost AnalysisChristopher Carrigan, Associate Professor and MPA Program Director, The Trachtenberg School, and Co-Director, GW Regulatory Studies Center, George Washington University; Mark […]
TECHNOLOGY, INNOVATION, AND REGULATION
Common Carriage and Section 230Adam Candeub, Professor of Law, and Director of the Intellectual Property, Information, & Communications Law Program, Michigan State University College of Law Algorithmic Accountability in the Administrative […]
THE ADMINISTRATION OF IMMIGRATION
A Seat at the Table for Citizens: Why the National Environmental Policy Act (NEPA) Applies to Immigration and How Best to Implement this Long Overdue ReformJulie Axelrod, Chief Litigation Counsel, Center […]
THE FUTURE OF WHITE HOUSE REGULATORY OVERSIGHT AND COST-BENEFIT ANALYSIS
Transparency in Agency Cost-Benefit AnalysisCaroline Cecot, Assistant Professor of Law, Antonin Scalia Law School, George Mason University; and Robert W. Hahn, Senior Fellow, Technology Policy Institute, Visiting Professor, Smith School, and University of […]
WHO MANAGES THE MANAGERS? A ONE-YEAR LOOKBACK AT PRESIDENT TRUMP’S CIVIL SERVICE REFORMS
Jimmy Carter and Civil Service ReformStuart E. Eizenstat, Former President Carter’s Chief Domestic Policy Advisor and Director of the White House Domestic Policy Staff
THE CONSTITUTION’S FIRST BRANCH⏤REDISCOVERING THE LEGISLATIVE POWER
Delegation and TimeJonathan H. Adler, Director, Center for Business Law and Regulation and Johan Verheij Memorial Professor of Law, Case Western Reserve University School of Law; and Christopher J. Walker, Associate Professor of […]
RELIGION AND THE ADMINISTRATIVE STATE
A Perfect Storm: Religion, Sex, and Administrative LawHelen M. Alvaré, Professor of Law, Antonin Scalia Law School, George Mason University The Sickness Unto Death of the Freedom of SpeechMarc O. DeGirolami, Professor […]
CONGRESS AND THE ADMINISTRATIVE STATE: DELEGATION, NONDELEGATION, AND UN-DELEGATION
Dimensions of Delegation: Constitutional Limits on the Administrative StateCary Coglianese, Edward B. Shils Professor of Law and Professor of Political Science; and Director, Penn Program on Regulation, University of Pennsylvania Law […]
“NEW NORMALS?” THE TRUMP ADMINISTRATION, THE COURTS, AND ADMINISTRATIVE LAW
Nationwide Injunctions’ Governance Problems: Forum-Shopping, Politicizing Courts, and Eroding Constitutional StructureThe Honorable Ronald A. Cass, Dean Emeritus, Boston University School of Law; and President, Cass & Associates, PC The Administrative Law […]
PERMITS, LICENSES AND THE ADMINISTRATIVE STATE
Marketable Permits in New Contexts: Have We Learned the Right Lessons from History?Jason A. Schwartz, Legal Director, Institute for Policy Integrity; and Adjunct Professor and Research Scholar, New York University School […]
FREE SPEECH AND THE ADMINISTRATIVE STATE
Antidiscrimination Laws, the First Amendment, and the Administrative StateDavid Bernstein, Professor of Law, Antonin Scalia Law School, George Mason University Telemarketing, Technology and the Regulation of Private SpeechJustin (Gus) Hurwitz, Assistant Professor […]
BEYOND DEFERENCE, EMERGING ISSUES IN JUDICIAL REVIEW OF AGENCY ACTION
His Master’s Voice: Statutory Rulemaking Considerations and Judicial Review of Regulatory Impact AnalysisJerry Ellig, Senior Research Fellow, Mercatus Center at George Mason University and Chief Economist, Federal Communications Commission; and Reeve T. […]
PERSPECTIVES ON THE PTAB: THE NEW ROLE OF THE ADMINISTRATIVE STATE IN THE INNOVATION ECONOMY
The Exceptionalism Norm in Administrative AdjudicationEmily S. Bremer, Associate Professor of Law, University of Notre Dame Law School Exceptional, After All and After Oil States: Judicial Review and the Patent SystemMichael S. […]
RETHINKING DUE PROCESS
Due Process and DelegationRonald A. Cass, President, Cass & Associates, PC Slip Slidin’ AwayWilliam Funk, Lewis & Clark Distinguished Professor of Law, Lewis & Clark Law School Administrative Evasion of Procedural RightsPhilip […]
FINANCIAL REGULATION: POLITICAL, ADMINISTRATIVE, AND CONSTITUTIONAL ACCOUNTABILITY
Taking Systemic Risk Seriously in Financial RegulationM. 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 […]
ENVIRONMENTAL LAW IN THE ADMINISTRATIVE STATE
Standing After ScaliaStephen Vladeck, University of Texas, School of Law Environmental Review of Pipelines, Energy Transport, & Global Energy MarketsJames W. Coleman, Southern Methodist University Dedman School of Law Protecting States […]
RETHINKING JUDICIAL DEFERENCE
Marbury v. Madison and the Concept of Judicial Deference Aditya Bamzai The Origins of Judicial Deference to Executive InterpretationAditya Bamzai Agencies as AdversariesDaniel A. Farber & Anne Joseph O’Connell Beyond Seminole […]