“The Not-So-Standard Model: Reconsidering Agency-Head Review of Administrative Adjudication Decisions”

  • Administrative Law
Administrative Law Review
2023

“Public Engagement, Equity, and Executive Order 14,094”

  • Administrative Law
Administrative & Regulatory Law News
2023

“The Federal Circuit Upholds “Shadow” Acting Official”

  • Administrative Law
Yale Journal on Regulation Notice and Comment
2022

“Limiting Agency Head Review in the Design of Administrative Adjudication”

  • Administrative Law
Yale Journal of Regulation: Notice and Comment
2022

“On the Value of Comments From Individual Members of the Public”

  • Administrative Law
Yale Journal on Regulation Notice and Comment
2021

“The Permissibility of Acting Officials: May the President Work Around Senate Confirmation?”

  • Administrative Law
  • Civil Rights
Administrative Law Review
2020

“L.M.-M. v. Cuccinelli and The Illegality of Delegating Around Vacant Senate-Confirmed Offices, by Nina A. Mendelson”

  • Administrative Law
Yale Journal on Regulation: Notice and Comment
2020

“Tribes, Cities, and Children: Emerging Voices in Environmental Litigation”

  • Environmental and Energy Law
Journal of Land Use and Environmental Law
2019

“Engineer Rulers?”

Yale Journal on Regulation Notice and Comment
2019

“Change, Creation, and Unpredictability in Statutory Interpretation: Interpretive Canon Use in the Roberts Court’s First Decade”

Michigan Law Review
2018

“Supervising Outsourcing: The Need for Better Design of Blended Governance”

  • Administrative Law
Administrative Law from the Inside Out: Essays on Themes in the Work of Jerry L. Mashaw
2017

“American Bar Association Resolution 112: Championing Public Access to the Law”

  • Public Interest Law
Administrative and Regulatory Law News
2016

“Taking Public Access to the Law Seriously: The Problem of Private Control Over the Availability of Federal Standards”

  • Public Interest Law
Environmental Law Reporter
2015

“The Uncertain Effects of Senate Confirmation Delays in the Agencies”

Duke Law Journal
2015

“Joseph L. Sax: The Realm of the Legal Scholar”

Michigan Journal of Environmental and Administrative Law
2014

“Private Control over Access to Public Law: The Perplexing Federal Regulatory Use of Private Standards”

  • Public Interest Law
Michigan Law Review
2014

“Responding To Agency Avoidance of OIRA”

Harvard Journal of Law and Public Policy
2014

“Midnight Rulemaking and Congress”

  • Administrative Law
Transitions: Legal Change, Legal Meanings
2012

“Should Mass Comments Count?”

  • Public Interest Law
Michigan Journal of Environmental and Administrative Law
2012

“Another Word on the President’s Statutory Authority Over Agency Action”

  • Administrative Law
Fordham Law Review
2011

“Foreword: Rulemaking, Democracy, and Torrents of E-mail”

  • Public Interest Law
George Washington Law Review
2011

“Disclosing ‘Political’ Oversight of Agency Decision Making”

  • Administrative Law
Michigan Law Review
2010

“Preemption and Theories of Federalism”

Preemption Choice: The Theory, Law, and Reality of Federalism’s Core Question
2009

“Quick Off the Mark? In Favor of Empowering the President-Elect”

Northwestern University Law Review Colloquy
2009

“Six Simple Steps to Increase Contractor Accountability”

Government by Contract: Outsourcing and American Democracy
2009

The Truth About Torts: Rethinking Regulatory Preemption and Its Impact on Public Health

2009

Limiting Federal Agency Preemption: Recommendations for a New Federalism Executive Order

2008

“A Presumption Against Agency Preemption”

Northwestern University Law Review
2008

“The California Greenhouse Gas Waiver Decision and Agency Interpretation: A Response to Galle and Seidenfeld”

  • Environmental and Energy Law
Duke Law Journal
2008

“Regulatory Beneficiaries and Informal Agency Policymaking”

  • Administrative Law
Cornell Law Review
2007

“Guidance Documents and Regulatory Beneficiaries”

  • Environmental and Energy Law
Administrative and Regulatory Law News
2006

“Chevron and Preemption”

  • Administrative Law
Michigan Law Review
2004

“Agency Burrowing: Entrenching Policies and Personnel before a New President Arrives”

  • Administrative Law
New York University Law Review
2003

“A Control-Based Approach to Shareholder Liability for Corporate Torts”

  • Constitutional Law
Columbia Law Review
2002

“Natural Resource Damages Under the Comprehensive Environmental Response, Compensation and Liability Act”

  • Environmental and Energy Law
American Law Institute - American Bar Association
1997

“Unions of the Past: Labor Organization Before Collective Bargaining”

American Federation of Labor and Congress of Industrial Organizations American Federationist
1985

“Tossing Sand in the Regulatory Gears: Hurdles to Policy Progress in the Supreme Court”

Harvard Journal on Legislation

“United States v. Arthrex”

Leading Cases in Administrative Law