Working Papers

The New Purpose and Intent in Major Questions Cases

Anita S. Krishnakumar
The Major Questions Doctrine After "West Virginia v. EPA" and the Covid-19 Cases
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Negotiated Rulemaking in the U.S. Department of Education: Where Administrative Law Meets Higher Education Policymaking

Rebecca S. Natow
Administration of Education
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Regulating Education: Understanding the Office for Civil Rights

R. Shep Melnick
Administration of Education
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The Major Questions Doctrine: Unfounded, Unbounded, and Confounded

Ronald M. Levin
The Major Questions Doctrine After "West Virginia v. EPA" and the Covid-19 Cases
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How Should the Court Respond to the Combination of Political Polarity, Legislative Impotence, and Executive Branch Overreach?

Richard J. Pierce, Jr.
Judicial Remedies and Agency Actions
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Derailing the Deference Lockstep

Aaron Saiger
Ad Hoc 8/26
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Administrative Relief and Private Rights of Action Under the Antitrust Laws

Richard A. Epstein
Administration of Antitrust
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Antitrust Reform in the Digital Era: A Skeptical Perspective

Robert W. Crandall & Thomas W. Hazlett
Administration of Antitrust
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Antitrust Rulemaking: The FTC’s Delegation Deficit

Thomas W. Merrill
Administration of Antitrust
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Chevron and Administrative Antitrust, Redux

Justin (Gus) Hurwitz
Administration of Antitrust
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Regulatory Budgeting in the U.S. Federal Government: A First-Hand Account of the Initial Experience and Recommendations for Future Regulatory Budgets

Anthony P. Campau
Regulatory Budgeting and Executive Order 13771
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Regulatory Budgeting: Inhibiting or Promoting Better Policies?

Andrea Renda
Regulatory Budgeting and Executive Order 13771
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Nondelegation in the States

Benjamin Silver
Administrative Law in the States: Laboratories of Democracy
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Fiscal Heroism

Zach Price
Congress's Power of the Purse in the Administrative State
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Reconstructing Klein

Helen Hershkoff & Fred Smith Jr.
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Equity and the Sovereign

Mila Sohoni
Judicial Review of Agency Action
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Interpretation, Remedy, and the Rule of Law: Why Courts Should Have the Courage of their Constitutional Convictions

Ronald A. Cass & Jack Beermann
Judicial Review of Agency Action
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Rethinking the Financial Stability Oversight Council

Paolo Saguato
The Federal Reserve, Financial Regulation and the Administrative State
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Measurement Options for Regulatory Budgeting

Laura Jones & Patrick A. McLaughlin
Regulatory Budgeting and Executive Order 13771
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Oversight Riders

Kevin Stack & Michael Vandenbergh
Congress's Power of the Purse in the Administrative State
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Submerged Independent Agencies

Brian D. Feinstein & Jennifer Nou
Agency Independence after Seila and Collins
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The Unitary Executive Without Inherent Presidential Removal Power

John C. Harrison
Agency Independence after Seila and Collins
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FTC Independence after Seila Law

Daniel A. Crane
The Future of the FTC
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A Planning Pandemic: The Spread of Mandated Planning and Its Failure in Crisis

Judge Glock
Lessons Learned from COVID-19
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