Presidential Administration & Political Polarization

On October 1, 2021, the Gray Center hosted a conference to mark the twentieth anniversary of Elena Kagan’s landmark published article on “Presidential Administration,” where authors and scholars discussed and […]

Keynote Address (Memorial Symposium for Judge Stephen F. Williams)

On September 17, 2021, the Gray Center hosted an event in memory of Judge Stephen F. Williams: a conference for new papers written for a symposium on his enormous legacy […]

Judge Williams on the American Constitution and Liberal Democracy (Memorial Symposium for Judge Stephen F. Williams)

On September 17, 2021, the Gray Center hosted an event in memory of Judge Stephen F. Williams: a conference for new papers written for a symposium on his enormous legacy […]

Judge Williams on Administrative Law and Regulatory Policy (Memorial Symposium for Judge Stephen F. Williams)

On September 17, 2021, the Gray Center hosted an event in memory of Judge Stephen F. Williams: a conference for new papers written for a symposium on his enormous legacy […]

A Conversation with the Center’s New Co-Executive Director, Prof. Jennifer Mascott

This summer, Professor Jennifer Mascott joined the Gray Center as its new Co-Executive Director. With school back in session, and the Center’s fall programs underway, Jenn visited the podcast for […]

The Umpire Strikes Back: A Conversation with Ronald Cass on Judicial Discretion and the Roberts Court

In his confirmation hearing, Chief Justice John Roberts famously analogized his role to that of an umpire, “to call balls and strikes, and not to pitch or bat.” Dean Ronald […]

The Life of the Law: What Has Happened Since 1946?

On June 11, 1946, President Truman signed the Administrative Procedure Act (APA) into law, and it was intended to be “a bill of rights for the hundreds of thousands of […]

Creation Stories: What Did the 79th Congress Mean to Accomplish?

On June 11, 1946, President Truman signed the Administrative Procedure Act (APA) into law, and it was intended to be “a bill of rights for the hundreds of thousands of […]

NEPA and the Future of Clean Energy and Infrastructure

“Do NEPA (the National Environmental Policy Act) and other permitting requirements doom green energy and infrastructure plans?” That was the title of a recent webinar, organized by the Law & […]

Rethinking Judicial Deference to Agency Expertise, with Jonathan Adler and E. Donald Elliott

For the last forty years, courts have been especially deferential to federal agencies’ claims of scientific expertise. And in the last year, we have seen the Supreme Court grapple repeatedly […]

Emergency Money: A Discussion on the Paycheck Protection Program with Susan Morse

The Paycheck Protection Program was the single largest component of the federal pandemic relief legislation passed in March of 2020. Since then, a debate has developed about the program’s speed-accuracy […]

Regulating Vaccines After Covid-19: A Conversation with Sam Halabi and Kristen Osenga

Amid the Covid-19 crisis, Operation Warp Speed helped to develop vaccines with astonishing speed. But even with a fast-tracked FDA process, there still remain significant questions about risk, liability, and […]

“By Executive Order,” with Andrew Rudalevige on Presidential Administration and Bureaucracy

Executive orders are not a new tool of presidential power — all presidents have used them, and some much more than others. But in recent decades they seem to have […]

Nondelegation’s Past, Present, and Future: Kristin Hickman and Nicholas Parrillo

At least five Supreme Court justices seem interested in reconsidering the current version of the “Nondelegation Doctrine.” And their recent judicial opinions have inspired waves of new scholarship for and […]

The Future of Financial Regulation in the Biden Administration

The Biden Administration faces immensely consequential policy choices on questions of financial regulation—from the proper regulatory standards to apply to banks for the sake of safety, soundness, and systemic risk; […]

The Future of Police Reform and Civil Rights in the Biden Administration

Throughout his presidential campaign, Joe Biden called for national reforms to police practices and civil rights. Immediately after the election, his transition team highlighted Racial Equity as one of its […]

The Past, Present, and Future of Financial Regulation: Peter Conti-Brown and Lev Menand

From George Washington’s administration onward, the federal government’s power over financial markets and banks has always occupied a nebulous corner of American constitutional government. Recently the Gray Center posted three […]

The Future of Tech Policy in the Biden Administration

“Tech policy” is a broad and nebulous label. But from antitrust to national security to social media moderation, recent years have been filled with difficult questions about federal law and […]

The Future of Environmental and Energy Policy in the Biden Administration

Promptly after the election, President-elect Joe Biden’s official “transition” team announced that climate change would be one of the new administration’s top four policy priorities. The transition’s website listed a […]

The Future of White House Regulatory Oversight in the Biden Administration

Over the last four years, the Trump administration continued the longstanding framework for OIRA regulatory oversight, but it also developed new oversight tools, such as the new regulatory budgeting framework […]

“Reviving Rationality” with Michael Livermore and Richard Revesz

In 2008, Michael Livermore and Richard Revesz wrote Retaking Rationality, a book arguing that cost-benefit analysis of regulations should be recognized not as an anti-regulatory weapon, but rather a nonideological […]

The Unrule of Law as the Law of Unrules, with Cary Coglianese and Daniel Walters

Governments make rules. But governments often grant exemptions from those rules, either when the rules are written or in the ways they are enforced. And those exemptions are the subject […]

How Chief Justice Taft Wrote the Famous Myers Opinion, with Robert Post

The Supreme Court’s recent decision in Seila Law v. CFPB, and the upcoming case of Collins v. Mnuchin, return our attention to the Constitution’s allocation of powers among the President […]

Annual Supreme Court Preview: 2020–2021

Last summer, the Supreme Court ended its year’s work with significant decisions involving administrative agencies. This new year now underway is set to include major cases involving agency structure and […]