“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 & Regulatory Law News
2023

“The Federal Circuit Upholds “Shadow” Acting Official”

Yale Journal on Regulation Notice and Comment
2022

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

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

“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

“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

“Preemption and Theories of Federalism”

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

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

2009

“A Presumption Against Agency Preemption”

Northwestern University Law Review
2008

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

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