Administrative & Regulatory Law News
2023
“The Not-So-Standard Model: Reconsidering Agency-Head Review of Administrative Adjudication Decisions”
- Administrative Law
Administrative Law Review
2023
Yale Journal on Regulation Notice and Comment
2022
Yale Journal of Regulation: Notice and Comment
2022
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
Transitions: Legal Change, Legal Meanings
2012
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
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
Cornell Law Review
2007
Administrative and Regulatory Law News
2006
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