Working Papers

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 Ghosts of Chevron Present and Future

Gary S. Lawson
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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 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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Against the Chenery II “Doctrine”

Gary S. Lawson & Joseph Postell
Agency Adjudication and ALJs
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Delegation in Context

Michael S. Greve
Delegation in Context Luncheon Roundtable
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Environmental Law for the 21st Century

E. Donald Elliott and Daniel C. Esty
End Externalities Manifesto
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The End Externalities Manifesto: Restatement, Loose Ends, and Unfinished Business

J. B. Ruhl
End Externalities Manifesto
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Natural Resource Systems and the Evolution of Environmental Law

Monika Ehrman
End Externalities Manifesto
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A Balanced Prescription for More Effective Environmental Regulations

W. Kip Viscusi
End Externalities Manifesto
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What the New Major Questions Doctrine is Not

Anita S. Krishnakumar
The Major Questions Doctrine After "West Virginia v. EPA" and the Covid-19 Cases
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Nondelegation in the States

Benjamin Silver
Administrative Law in the States: Laboratories of Democracy
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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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