Working Papers

Against Deferential Skidmore

John O. McGinnis and Phil Pillari
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Stability Within the Judicial Review Pendulum: The Interpretation Versus Implementation Divide

Ronald A. Cass
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Harmonizing Delegation and Deference After Loper Bright

Kristin E. Hickman and Amy J. Wildermuth
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Is Vacatur Unconstitutional?

Jameson M. Payne and GianCarlo Canaparo
Regulatory Litigation after Trump v. Casa
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Quo Vadis—Federal Trade Commission?

Susan G. Braden
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Statutory Liquidation

Daniel T. Deacon
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The Virginia Model: How the Commonwealth Built a Best-In-Class Regulatory System

Reeve T. Bull and Patrick A. McLaughlin
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Congress and the Shifting Sands in Administrative Law

Christopher J. Walker
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Article II and the Federal Reserve

Aditya Bamzai & Aaron L. Nielson
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FTC Independence after Seila Law

Daniel A. Crane
The Future of the FTC
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OIRA Review of Rules by Independent Financial Regulators

Paul J. Ray
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Delegation-Dependent Deference: Reinforcing Separation of Powers and Avoiding Loper Limbo

Jonathan Wolfson & Tanner Jones
Congressional Responses to Loper Bright
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Republicanism and Expertise in Today’s Administrative State

Ronald J. Pestritto
The Future of Expert Administration
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An Originalist Defense of the Major Questions Doctrine

Michael D. Ramsey
Nondelegation and Major Questions Continued
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The Ghosts of Chevron Present and Future

Gary S. Lawson
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Presidential Adjudication

Emily S. Bremer
Agency Adjudication and ALJs
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New Jury Trial Expansion as Structural Constitutional Reform

Jennifer L. Mascott
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The Major Questions Doctrine: Right Diagnosis, Wrong Remedy

Thomas W. Merrill
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Fixing Deference: Delegation, Discretion, and Deference Under Separated Powers

Ronald A. Cass
Nondelegation and Major Questions Continued
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Lover, Mystic, Bureaucrat, Judge: The Communication of Expertise and the Deference Doctrines

Paul J. Ray
Judicial Review of Agency Action
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Saving Agency Adjudication

Aaron L. Nielson, Christopher J. Walker, and Melissa F. Wasserman
Ad Hoc 8/26
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Biden v. Nebraska: The New State Standing and the (Old) Purposive Major Questions Doctrine

Jed Handelsman Shugerman
Nondelegation and Major Questions Continued
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Standing Without Injury

Jonathan H. Adler
Current Issues in Judicial Review of Agency Action
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Unpacking State Legislative Vetoes

Derek Clinger and Miriam Seifter
Lessons Learned from the States
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