Working Paper Series

Welcome to the Gray Center’s Working Paper Series for new scholarship on administrative law and the administrative state. Most of these papers were workshopped at the Center’s research roundtables and presented at the Center’s public policy conferences. The Gray Center is an open forum for vibrant debate, so the Center takes no institutional positions on the issues discussed in the papers that it publishes or the conferences that it organizes. All views expressed in Working Papers and other materials reflect only the views of the authors.

Spring 2022

Judicial Review of Agency Action

Equity and the Sovereign
By Mila Sohoni, Professor of Law and Associate Dean of Faculty, University of San Diego School of Law

Interpretation, Remedy, and the Rule of Law: Why Courts Should Have the Courage of Their Constitutional Convictions
By Ronald A. Cass, Dean Emeritus, Boston University School of Law; Distinguished Senior Fellow, Gray Center for the Study of the Administrative State, George Mason University; Senior Fellow, International Centre for Economic Research; President, Cass & Associates, PC &
Jack M. Beerman, Professor of Law and Harry Elwood Warren Scholar, Boston University School of Law; Advisory Council, Gray Center for the Study of the Administrative State, George Mason University

Regulatory Budgeting and executive order 13774

Measurement Options for Regulatory Budgeting
By Laura Jones, Executive Vice-President & Chief Strategic Officer, Canadian Federation of Independent Business (CFIB) & Patrick A. McLaughlin, Senior Research Fellow & Director of Policy Analytics, Mercatus Center, George Mason University

Congress’s power of the purse in the administrative state


  • Executive Decisions After Arthrex
    By Jennifer Mascott, Assistant Professor of Law and Co-Executive Director, The C. Boyden Gray Center for the Study of the Administrative State, Antonin Scalia Law School, George Mason University & John F. Duffy, Samuel H. McCoy II Professor of Law and Paul G. Mahoney Research Professor of Law, University of Virginia School of Law

Agency Independence After Seila and Collins

  • Submerged Independent Agencies
    By Brian D. Feinstein, Assistant Professor of Legal Studies, The Wharton School of the University of Pennsylvania & Jennifer Nou, Professor of Law, The University of Chicago Law School
  • The Unitary Executive Without Inherent Presidential Removal Power
    By John C. Harrison, James Madison Distinguished Professor of Law & Thomas F. Bergin Teaching Professor of Law, University of Virginia
  • Congress’s Anti-Removal Power
    By Aaron L. Nielson, Professor of Law, J. Reuben Clark Law School, Brigham Young University & Christopher J. Walker, John W. Bricker Professor of Law, The Ohio State University Moritz College of Law

Autumn 2021

lessons learned from covid-19


presidential administration in a polarized era

  • The Tragedy of Presidential Administration
    By Ashraf Ahmed, Academic Fellow, Columbia Law School, Lev Menand, Academic Fellow and Lecturer in Law, Columbia Law School, and Noah Rosenblum, Assistant Professor of Law, New York University School of Law
  • Divided Agencies
    By Brian D. Feinstein, Assistant Professor of Legal Studies and Business Ethics, The Wharton School of the University of Pennsylvania, and Abby K. Wood, Professor of Law, Political Science and Public Policy, University of Southern California Gould School of Law
  • From Presidential Administration to Bureaucratic Dictatorship
    By Kathryn E. Kovacs, Professor, Rutgers Law School
  • Presidential Polarization
    By John O. McGinnis, George C. Dix Professor in Constitutional Law, Northwestern University and Michael B. Rappaport, Hugh & Hazel Darling Professor of Law & Director of the Center for the Study of Constitutional Originalism, University of San Diego
  • Faithful Execution in the Federal Government and the Fifty States
    By Zachary S. Price, Harry & Lillian Hastings Research Chair, University of California Hastings College of the Law
  • The Purpose of Presidential Administration
    By Bijal Shah, Associate Professor of Law, Sandra Day O’Connor College of Law, Arizona State University
  • Partisan Administration
    By Kevin M. Stack, Lee S. & Charles A. Speir Professor of Law, Vanderbilt University Law School

memorial symposium in honor of judge stephen f. williams

Spring 2021

Regulatory budgeting and executive order 13771

Administrative Law in the States: Laboratories of Democracy

The APA’s 75th Anniversary: Looking Back and Looking Forward

Final copies of the below papers are published in Volume 28:2 of the George Mason Law Review

facts, science, and expertise in the administrative state

Judicial review after kisor and the census case

Administration in Crisis: pandemics, financial crises, and other emergencies

Public Health: Regulation, Innovation, and preparation

Autumn 2020

the federal reserve, financial regulation and the administrative state

Delegations and Nondelegation After Gundy

First Branch, Second Thoughts – What is Congress’s Proper Role in the Administrative State?

August 31, 2020

Should Internet Platform Companies Be Regulated⏤And If So, How?

August 10, 2020

March 25, 2020

February 6, 2020

Bureaucracy and Presidential Administration: Expertise and Accountability in Constitutional Government

November 15, 2019

Technology, Innovation, and Regulation

October 25, 2019

The Administration of Immigration

September 13, 2019

The Future of White House Regulatory Oversight and Cost-Benefit Analysis

  • Transparency in Agency Cost-Benefit Analysis
    Caroline 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 Oxford, and Senior Policy Fellow, Georgetown Center for Business and Public Policy
  • OIRA Past and Future
    Susan Dudley, Director, George Washington University Regulatory Studies Center, and Distinguished Professor of Practice, Trachtenberg School of Public Policy & Public Administration, George Washington University
  • David versus Godzilla: Bigger Stones
    Jerry Ellig, Research Professor, Regulatory Studies Center, The George Washington University, and Richard Williams, Writer and Senior Affiliated Scholar, Mercatus Center, George Mason University and Affiliated Scholar, Utah State Center for Growth and Opportunity
  • Codifying the Cost-Benefit State
    Brian F. Mannix, Research Professor, GW Regulatory Studies Center, and Bridget C.E. Dooling, Research Professor, George Washington University Regulatory Studies Center
  • The Ascendancy of the Cost-Benefit State?
    Paul R. Noe, Vice President of Public Policy, American Forest & Paper Association, and John D. Graham, Professor, the Paul H. O’Neill School of Public and Environmental Affairs, Indiana University
  • OIRA’s Dual Role and the Future of Cost-Benefit Analysis
    Stuart Shapiro, Associate Dean of Faculty, Edward J. Bloustein School of Planning and Public Policy, Rutgers University
    Published in the Environmental Law Reporter here.
  • OIRA: Past, Present and Future
    Jim Tozzi, Managing Director, Center for Regulatory Effectiveness
  • Why Two Congressional OIRAs Are Better Than One
    William Yeatman, Research Fellow, Cato Institute

May 22, 2019

Who Manages the Managers? A One-Year Lookback at President Trump’s Civil Service Reforms

May 2, 2019

The Constitution’s First Branch⏤Rediscovering the Legislative Power 

  • Delegation and Time
    Jonathan 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 Law, The Ohio State University, Moritz College of Law, and Director, The Moritz Washington, D.C. Summer Program

March 22, 2019

Religion and the Administrative State

February 22, 2019

Congress and the Administrative State: Delegation, Nondelegation, and Un-Delegation 

December 7, 2018

“New Normals?” The Trump Administration, the Courts, and Administrative Law

October 24, 2018

Permits, Licenses and the Administrative State

January 26, 2018

Free Speech and the Administrative State 

December 6, 2017

Beyond Deference, Emerging Issues in Judicial Review of Agency Action 

November 9, 2017

Perspectives on the PTAB: The New Role of the Administrative State in the Innovation Economy 

April 21, 2017

Rethinking Due Process 

December 9, 2016

Financial Regulation: Political, Administrative, and Constitutional Accountability 

September 16, 2016

Environmental Law in the Administrative State 

June 2, 2016

Rethinking Judicial Deference