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Working Papers

So Close, and Yet So Far Away: Judge Stephen F. Williams on Federalism

Michael S. Greve
Stephen F. Williams Memorial Symposium
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Judge Stephen F. Williams and the Underestimated History of the Non-Delegation Doctrine

C. Boyden Gray
Stephen F. Williams Memorial Symposium
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Using Deep and Active Learning Classifiers to Identify Congressional Delegation to Administrative Agencies

Josh Lerner & Gregory P. Spell
Ad Hoc 1/8 Roundtable
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The Myth of the State Nondelegation Doctrines

Joseph Postell & Randolph J. May
Administrative Law in the States: Laboratories of Democracy
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Ending Deference? Why Some State Supreme Courts Have Chosen to Reject Deference and Others Have Not

Daniel Ortner
Administrative Law in the States: Laboratories of Democracy
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Commanding a View: How “Expertise Forcing” Undermines the Unitary Executive and Statesmanship in a Democratic Republic

Daniel Shapiro
Ad Hoc 1/8 Roundtable
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Nondelegation as Constitutional Symbolism

Kristin Hickman
DELEGATIONS AND NONDELEGATION AFTER GUNDY
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Fees, Fines and Penalties: Has Congress Lost Control of the Purse?

Kevin R. Kosar
Congress's Power of the Purse in the Administrative State
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Adding Judges: Issues in Federal Courts’ Governance

Ron Cass
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Administrative Law of Scarcity (and Surplus)

Jacob E. Gersen
Administration in Crisis: Pandemics, Financial Crises, and Other Emergencies
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The End of Deference: How States Are Leading a (Sometimes Quiet) Revolution Against Administrative Deference Doctrines

Daniel Ortner
Administrative Law in the States: Laboratories of Democracy
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Super Deference and Heigtened Scrutiny (or When Super-Deference Is Not So Super)

Jonathan H. Adler
Facts, Science, and Expertise in the Administrative State
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Decoding Nondelegation After Gundy: What the Experience in State Courts Tells Us About What to Expect When We’re Expecting

Daniel E. Walters
Administrative Law in the States: Laboratories of Democracy
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The Federal Reserve and the Crisis of 2020

Lev Menand
Administration in Crisis: Pandemics, Financial Crises, and Other Emergencies
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Sue the Fed: The Case for Privately Enforceable Statutory Constraints on Federal Reserve Emergency Lending

J.W. Verret
The Federal Reserve, Financial Regulation and the Administrative State
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We Need a Vaccine: Proposals for Regulating Innovation in a Pandemic

Kristen Osenga
Public Health: Regulation, Innovation, and Preparation
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Emergency Money: Lessons from the Paycheck Protection Program

Susan C. Morse
Administration in Crisis: Pandemics, Financial Crises, and Other Emergencies
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The Role of Judgment and Deliberation in Science-Based Policy

M. Anthony Mills
Facts, Science, and Expertise in the Administrative State
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Retiring “No Look” Judicial Review in Agency Cases Involving Science

E. Donald Elliott
Facts, Science, and Expertise in the Administrative State
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The Umpire Strikes Back: Expanding Judicial Discretion for Review of Administrative Actions

Ronald A. Cass
Judicial Review after Kisor and the Census Case
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Structured to Fail: Lessons from the Trump Administration’s Faulty Pandemic Planning and Response

Alejandro E. Camacho & Robert L. Glicksman
Administration in Crisis: Pandemics, Financial Crises, and Other Emergencies
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The Unintended Health Consequences of Lockdown

Richard A. Williams Kathryn Ghani
Public Health: Regulation, Innovation, and Preparation
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Solving the COVID-19 Vaccine Product Liability Problem

Sam F. Halabi
Public Health: Regulation, Innovation, and Preparation
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Administrative Law Consequentialism: A Response to Vermeule on Emergencies

Daniel Epstein
Public Health: Regulation, Innovation, and Preparation
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